Hari Krishnan vs State

A.D.Jagadish Chandira, J

The petitioner, who was arrested and remanded to judicial custody on 12.08.2022 for the offences punishable under Sections 8(1) and 21(b) of NDPS Act, Sections 41(a) and 102 of Cr.P.C in Crime No.239 of 2022 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 80 tablets of Tydol-100 mg. Hence the case.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case, since he happens to be present along with other accused. He would further submit that the recovery has been made from A1. The learned counsel for the petitioner would further submit that the accused, from whom the recovery has been effected, was granted bail by the lower court in Crl.MP.No.4784 of 2022 dated 07.10.2022. He further submit that the petitioner is aged about 20 years and he is in custody from 12.08.2022. Hence, he prays to grant bail to the petitioner.

4.The respondent police has filed a detailed counter. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner along with other accused was found in illegal possession of 80 tablets of Tydol-100 mg. However, he would submit that the contraband is not a scheduled substance of NDPS Act, However, he vehemently opposed to grant bail to the petitioner.

Taking into consideration the facts and submissions made by the learned counsel, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, out of which, one surety must be a blood surety i.e either the father or mother of the petitioner for a like sum to the satisfaction of the learned Judicial Magistrate Court-I, Chengalpattu, Chengalpattu District 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 petitioner shall report before the respondent Police, every day at 10.30 a.m., until further orders;

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

[d] the petitioner 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 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 abscond, a fresh FIR can be registered under Section 229A IPC.