Kamaladevi vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 19.10.2022 for the alleged offences punishable under Sections 8 (c) r/w 20 (b) (ii) (B) of NDPS Act in Spl.C.C.No.2 of 2023 on the file of the Special Judge for EC/NDPS Act Cases, Salem, seeks bail.

2.The case of the prosecution is that the petitioner herein caught hold by the respondent police, when she was travelling in Train No.13351 – Dhanbad to Alapuzha, unreserved compartment about 06.20 morning in Sangakiri railway Station. On inspection, the petitioner having possession of contraband i.e. Ganja 6 Kgs. The respondent police seized the contraband and followed the formalities and arrested the petitioner. Hence the case.

3.Learned counsel appearing for the petitioner submitted that the petitioner is working as daily wage employee. She is an innocent and no way connected and involved in the aforesaid offence. She has been falsely implicated in this case. She is ready to furnish sufficient sureties for her release on bail. Hence, he prayed to grant bail to the petitioner.

4.Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner was in possession of contraband i.e. ganja 6 kgs. and the same was recovered from the petitioner. If the petitioner is granted bail at this stage, she will abscond and tamper the evidence. Hence, he vehemently opposed to grant bail to the petitioner.

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

6.Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner and taking note of the fact that the property has been recovered and there is no similar case pending against her, hence, this Court is inclined to grant bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) by way of Demand Draft to the Advocate Clerk Association, Namakkal and production of proof, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, on condition that the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, of whom one surety must be a blood relative and each for a like sum to the satisfaction of the 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 on every Tuesday for a period of three weeks and thereafter, as and when required for interrogation;

[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.