Mahesh Kumar vs State

A.D.Jagadish Chandira, J

The petitioner, who was arrested and remanded to judicial custody on 30.09.2022 for the alleged offences punishable under Sections 8(c), r/w 20(b)(ii)(B) of NDPS Act in Crime No.575 of 2022 on the file of the respondent Police, seeks bail.

The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 1.150 kgs of ganja. Hence, the case.

The learned Counsel for the petitioner would submit that the petitioner is an innocent and a case has been foisted on him since the petitioner has several cases registered by the respondent and categorized as C category rowdy in HS No.7 of 2019. He would further submit that the petitioner is in custody from 30.09.2022 and the quantity of contraband involved in this case is intermediate quantity. Hence, he would seek bail to the petitioner.

The learned Government Advocate (Crl.side) appearing for the respondent would submit that the petitioner along with other accused was found in illegal possession of 1.150 kgs of ganja. Hence, he would oppose to grant bail to the petitioner.

By way of reply, the petitioner does not have any previous registered under Section NDPS Act and only in order to curtail the further activities of the petitioner, this case has been foisted against him.

Taking into consideration the facts and the submissions made by the learned counsel, this Court is inclined to grant bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties (one among the sureties shall be either father or mother of the petitioner), for a like sum to the satisfaction of learned Special Judge for EC/NDPS Act Cases, 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 stay at Kovilpatti and report before the Inspector of Police, Kovilpatti Police Station everyday at 10.30 a.m., and 5.30p.m., until further orders;

[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.