Karthick vs State

@JUDGEMENTTAG-JUDGMENT

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 08.02.2024 in Crime No.43 of 2024 registered for the alleged offences punishable under Sections 8(c), 20(b)(ii)(B), 22(b) and 29(1) of NDPS Act, seeks bail.

The case of the prosecution is that the petitioner/A1 was found in illegal possession of 2.1 kgs of ganja and 160 tablets of Tydol, which is intermediate quantity.

Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that A2 had been granted bail by the trial Court. He also submitted that the petitioner, without prejudice his rights, on his own volition, is ready and willing to contribute some amount to any Government organisation as may be directed by this Court and he prays to grant bail to the petitioner.

The learned Government Advocate (Crl.Side) stated that the petitioner was found in illegal possession of 2.1 kgs of ganja and 160 tablets of Tydol, which is intermediate quantity. He further stated that there is one previous case of similar nature against the petitioner. However, he opposed for grant of bail to the petitioner.

5.Taking all the factors into consideration and the period of incarceration and also of the fact that the quantity of contraband recovered from the petitioner is intermediate in nature, 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 the Society for the Educational and Economic Development (SEED) Reg., Sriperumbudur, Account Name : SEED, A/C/No.2926101000002, Canara Bank, Sriperumbudur, IFSC CNRB0002926, Cell No.9944812053 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 the Principal Special Court under EC & NDPS Act, Chennai 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 Sunday at 10.30 a.m., for a period of three months 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.