Harish Babu vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 13.12.2022 for the alleged offences under Sections 8(c) r/w 20(b)(ii)(A), 22(a), 27(a) of NDPS Act, 1985 and 328 of I.P.C. in Crime No.753 of 2022, on the file of the respondent police, seeks bail.

The case of prosecution is that on 13.12.2022, the respondent police based on a secret information went nearby Madukkarai market, VSN Garden, wherein three persons standing nearby overbridge and on seeing the police, they tried to escape from the place, the respondent police caught hold of three persons and on search, found that they were in possession of 100 kgs. of ganja 8 grams of meth @ methamphetamine, which is psychotropic without any valid license or permit and the same was seized by the police. Hence, the complaint.

The learned counsel appearing for petitioner submitted that he is no way connected with the offence and he has not committed any of offence as alleged by the respondent police. He would also submit that he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would also submit that the petitioner has been suffering incarceration for more than 21 days from 13.12.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, three accused involved in this case and the petitioner is arrayed as A2 and no previous case pending against this petitioner. He would submit that from the scene of occurrence, the respondent police seized 100 grams of ganja and 8 grams of meth @ methamphetamine, which is a psychotropic substance. He would submit that now the investigation is almost completed and if he is released on bail, he would hamper the investigation and tamper the witnesses. Hence, he would vehemently opposed to grant bail to the petitioner.

Considering the above facts and circumstances, and also considering the fact that no previous case pending against the petitioner and the investigation almost completed and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees ten thousand only) as non-refundable deposit to the credit of registered Advocates Clerks Association at Coimbatore and on such deposit, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate VII, Coimbatore and on further conditions that:

(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned 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 daily at 10.30 a.m. for the period of two months;

(c) the petitioner shall not commit any offences of similar nature;

(d) the petitioner shall not abscond either during investigation or trial;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Judicial 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];

(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.