K.Karthick @ Pattasu Karthick vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 25.01.2023 for the alleged offences punishable under Sections 22(b) and 27 (a) of NDPS Act in Crime No.628 of 2022 on on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was alleged to have possession of Tapodol 100 mg, Tapendtadol Tablets 10 strips (Each strip contains – 10 tablets), untitled blue colour tablets 120 Nos, untitled white colour tablets – 85, 100 ml sodium chloride – 2 bottles and 5 ml Dispovan syringe and charged with offence Under Section 22(b) and 27(1) of the NDPS Act. Hence the case.

3.Learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he is the only breadwinner of his entire family. He has not involved in any manner whatsoever as mentioned in the FIR. He has been included in this case only on the confession statement of Juvenile in conflict with law. He will not tamper with the witness or hamper the process of investigation. He undertakes to abide by any condition imposed by this Court. Hence, he prayed to grant bail to the petitioner.

4.Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the said drugs were recovered from the petitioner. If the petitioner is granted bail at this stage, he 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 him, 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, Erode 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 his 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 Judicial Magistrate No.V, Coimbatore 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 for a period of two 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.