Kamaladevi vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 21.07.2022 for the offences punishable under Sections 8(c) read with Section 20(b)(ii) (B) of NDPS Act in Crime No.470 of 2021 on the file of the respondent police seeks bail.

There are totally six accused involved in this case and the petitioner is arrayed as A6. The case of the prosecution is that the petitioner along with other accused were found with illegal possession of 5 Kgs of Ganja. Hence the complaint.

The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would also submit that without prejudice, the petitioner is prepared to deposit an amount of Rs.10,000/- as non- refundable deposit to any welfare scheme of the Government and he is prepared to abide by any stringent conditions that may be imposed by this Court and hence, he prays for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) submits that the petitioner/A6 along with other accused were found in illegal possession of 5 Kgs of Ganja. He would submit that there are two previous cases pending against the petitioner. However, he vehemently opposed to grant bail to the petitioner.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) 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 petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) as non refundable deposit to "The Registered Advocate Clerk Association, Namakkal", without prejudice to his rights and contentions before the trial Court.

Merely, because the petitioner deposits 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 petitioner has prepared to deposit Rs.10,000/- to any welfare scheme of the Government, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of Registered Advocate Clerk Association, Namakkal, and on such deposit and production of proof, the petitioner is ordered to be released on bail on his executing 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 learned Special Judge for EC/NDPS Act Cases, Salem 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 station on every Saturday at 10.30 a.m., until further order.

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

(d)the petitioner shall not abscond 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;