K.Dawood Ahammed Sherif vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 28.07.2021 for the alleged offence under Sections 8(c) r/w 20(b), (ii)(B), 22(c), 25 and 29(1) of NDPS Act in Crime No.2362 of 2021 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 28.07.2021, at about 09.00 a.m., on a secret information, when the respondent intercepted and conducted search on the vehicle of A1, A2 and A5, nearby burial ground of Moolakothalam, they found 30 boxes of 9000 tablet of Nitroviet, 10 mg from A1 and at the same time, they conduced search on the other accused, they found they were in possession of 14 pads each pad 100 tablet (1400 tablets) of tydol tablets and also found 2 kg. of ganja. Hence, the complaint.

The learned counsel for the petitioner would submit that on the confession statement of A1, who is a drug dealer and selling drugs in Chennai, the petitioner was implicated in this case and his name is not mentioned in the F.I.R. He would submit that as the petitioner met with an accident, he unable to drive the two wheeler and there is no specific overtact attributed against the petitioner. He would also submit that the property has been recovered from this petitioner was marked as P4 and the chemical samples was not taken immediately after his arrest. He would submit that he has not at all committed any offence as alleged by the respondent police and he is no way connected with the occurrence. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than a year from 28.07.2021 and this is the fifth bail petition before this court. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are 5 accused involved in this case and the petitioner is arrayed as A3. He would submit that the property was recovered from the petitioner, which is a commercial quantity. He would submit that co-accused A2, A4 and A5 were arrested and released on bail. Hence he opposed to grant bail to the petitioner.

Considering the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner and the co-accused persons (A4) who are also same with this petitioner have been granted bail, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to deposit a sum of Rs.25,000/- to the credit of "Arignar Anna Government Hospital of Indian Medicine, A/c.No.110101106507, Canara Bank, Aminjikarai, Chennai-29. IFSC Code:CNRB0016021" and on such deposit the petitioner is to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties out of which one surety is a blood surety, for a like sum to the satisfaction of the II Additional Special Court for Exclusive Trial of cases under 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 daily at 10.30 a.m., until further orders and every date of hearings before the trial Court without fail.

(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;