Kothandaraman vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 05.12.2022 for the alleged offences under Sections 8(c) r/w 20(b)(ii)(B) and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.380 of 2022, on the file of the respondent police, seeks bail.

The case of prosecution is that on 05.12.2022, the respondent police based on a secret information had patrolled at Ramadhapuram Cremation ground at Thirunindravur, wherein, they found the petitioner was in possession of 1 kilo 100 grams of ganja in a plastic bag illegally to sell the same without any valid license or permit and the same was seized by the police. Hence, the complaint.

The learned counsel appearing for petitioner submitted that he is no way connected with the offence and he has not committed any of offence as alleged by the respondent police. He would also submit that he has been falsely implicated in this case and he will abide by any condition imposed by this court. He would also submit that the petitioner has been suffering incarceration for the past 27 months from 05.12.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is arrayed as A2 and no previous case pending against this petitioner. He would submit that from the scene of occurrence, petitioner was found in possession of 1 kilo 100 grams of ganja to sell the same. He would submit that now the investigation is almost completed and if he is released on bail, he would hamper the investigation and tamper the witnesses. Hence, he would vehemently opposed to grant bail to the petitioner.

Considering the above facts and circumstances, and also the fact that no previous case pending against the petitioner and the investigation almost completed and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 learned Judicial Magistrate-II at Thiruvallur and on further conditions that:

(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned 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. for the period of six weeks;

(c) the petitioner shall not commit any offences of similar nature;

(d) the petitioner shall not abscond either during investigation or trial;

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

(f) on breach of any of the aforesaid conditions, the learned Judicial 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];

(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.