F.Kingsly vs Union Of India

S.Srimathy, J

The petitioner/Accused No.3, who was arrested and remanded to judicial custody on 23.01.2025 for the offences punishable under Sections 20(b)(ii)(C), 21(C), 23(C), 25, 27A, 28 and 29 of the NDPS Act, in C.C.No. 273 of 2025, on the file of the II Additional District Judge (NDPS Act), Madurai, seeks bail.

2.The case of the prosecution is that Al and A2 attempted to transport a contraband Hashish Oil weighing 12Kgs through the Vessel/Thoni MSV Hail Mary from Thoothukudi to Maladives and A4 is a CISF Head Constable facilitated them. At the entry point itself, the contraband was seized from the two two-wheelers belonging Al & A2, respectively. The petitioner is the Thandal/Captain of the Thoni. Hence, this case.

The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 23.01.2025. Therefore, he prays for grant of bail.

The learned Special Public Prosecutor appearing for the respondent police opposed for grant of bail on the ground that the investigation is still pending.

5.Considering the facts and circumstances and considering the duration of the custody, this Court is inclined to grant interim bail to the petitioner till 20.11.2025 on certain conditions.

Accordingly, the petitioner is ordered to be released on bail till 20.11.2025, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two blood sureties each for a like sum to the satisfaction of the learned II Additional Special Judge (NDPS Act), Madurai, and on further conditions that,

a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

b)the petitioner shall report before the respondent daily at 10.30 a.m., till 20.11.2025. On the dates 10.11.2025 to 12.11.2025 alone the petitioner is exempted from reporting before the respondent. On 10.11.2025 to 12.11.2025, the petitioner shall attend the marriage. The petitioner shall surrender before the respondent on 20.11.2025 at 05.00 P.M;

c)the petitioner shall not tamper with evidence or witness;

d)the petitioner shall not abscond during trial;

e)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 absconds, a fresh FIR can be registered under Section 269 of BNS.