Madhan Kumar vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 17.02.2023 for the alleged offences under Sec. 8(C), 20(b)(ii)(C) of NDPS Act, pending trial in C.C.No. 827 of 2023 on the file of respondent police in Crime No.15 of 2023, seeks bail.

The case of the prosecution is that on 06.01.2023, on a secret information with regard to possession of contraband, the respondent police conducted a search, thereby the petitioner along with other accused standing in the said place with two white colour plastic bags and on search, they were found in possession of 24 kgs. of ganja and seized the same. Accordingly, the complaint was registered against the petitioner.

The learned counsel for the petitioner submitted that the petitioner is ranked as A4 and this is the first petition seeking for bail. He would submit that he is in custody for more than one year from 17.02.2023, but there is no progress in the trial. He would submit that there is no recovery from this petitioner. He would submit that he is an innocent person and he has not at all committed any offence as alleged by the respondent police and he is no way connected with the said occurrence. He would submit that there is no role of the petitioner in the alleged offence and he has been falsely implicated as accused in this case. He would submit that the investigation is almost completed and co-accused was granted bail. Hence, he prayed 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 totally 24 kgs. of contraband was recovered, which is a intermediate quantity. However, now the investigation is almost completed, final report was filed in C.C.No.827 of 2023 and the trial was commenced. He would submit that he is having one previous case under Sec.302 I.P.C. and he is in custody for more than 1 year. He would submit that if he is released on bail, he would hamper the investigation and tamper the witnesses. Hence, he strongly opposed to grant bail to the petitioner.

On considering the facts and circumstances of the case and also considering the long period of incarceration and the investigation was completed and final report was filed in C.C.No.827 of 2023, and he is ready to abide any condition imposed by this court and the fact that there is no recovery from this 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, in which one surety must be a blood surety for a like sum to the satisfaction of the learned Judicial Magistrate, Ambattur, Chennai 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 Trial Court on every Tuesday and Friday at 10.30 a.m. for the period of six months;

(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.