Dinesh And Others vs State

T.V.Thamilselvi, J

The petitioners, who were arrested and remanded to judicial custody on 20.01.2023 for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Act, 1985, in Crime No.35 of 2023 on the file of the respondent Police, seek bail.

2.The case of the prosecution is that the petitioners along with other accused was found in illegal possession of 1.3 kgs of Ganja. Hence the case.

The learned Counsel for the petitioners submitted that the petitioners are innocent person and they have been falsely implicated in this case. He would further submit that the contraband involved in this case is in-between quantity. He would also submit that without prejudice, the petitioners are jointly prepared to deposit an amount of Rs.15,000/- as non-refundable deposit to any welfare scheme of the Government and hence, he prays for grant of bail to the petitioners.

Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioners along with other accused was found in illegal possession of 1.3 kgs of Ganja. He further submitted that the investigation has been completed and no previous case is pending as against the petitioners, however, he vehemently opposed to grant bail to the petitioners.

5.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

6.In order to curb the illegal activities of transporting illicit arrack, this Court is of the opinion that the petitioners shall jointly deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as non refundable deposit to "the Registered Advocate Clerk's Association, Kancheepuram", without prejudice to their rights and contentions before the trial Court.

Merely, because the petitioners deposit the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

8.Taking into consideration the facts of the case and the submissions made by the learned counsel and also taking note of the fact that the petitioners have jointly prepared to deposit Rs.15,000/- to any welfare scheme of the Government, this Court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioners are jointly directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) to the credit of the Registered Advocate Clerk's Association, Kancheepuram and on such deposit and production of proof, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of learned Judicial Magistrate No.II, Kancheepuram and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioners shall report before the respondent Police everyday at 10.30 a.m., for a period of two months and thereafter, as and when required for interrogation;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.