Malairajan @ Ottaiyan vs State

G.K.Ilanthiraiyan, J

The petitioner/A4, who was arrested and remanded to judicial custody on 15.01.2023 for the offence under section 8(c), 20(b)(ii) (B), 22(c) and 29(1)of NDPS Act in Crime No.500 of 2022 on the file of the respondent police seeks bail.

2.The case of the prosecution is that on 03.12.2022, at about 08.15 am., when the police party conducted vehicle check up, they found two persons with a plastic gunny bag. On seeing police party, they tried to escape. However, the police caught them. On search, it was found that the accused persons were in illegal possession of 1.500 kgs of ganja. Hence the case.

3 Heard both sides and perused the materials available on record including the First Information Report.

4.It is seen that the petitioner along with other accused found in possession of 1.500 kgs of ganna and 11 tablet strips each containing 10 tablets (Nitrazepam Tablets IP 10 mg. ELZA-10). It is below commercial quantity. That apart, the co-accused persons arrested and released on bail. Though the petitioner is having previous cases, the same are not similar in nature.

5.Taking into consideration of the above facts and circumstances and also the period of incarceration, this court is inclined to grant bail to the petitioner subject to the following conditions:

[a] 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 blood sureties each for a like sum to the satisfaction of the learned Principal Special Sessions Judge for EC and NDPS Cases, Madurai and on further conditions that:

[b] 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.

[c] the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as non refundable deposit by way of Demand Draft/RTGS/NEFT to the M.S.Chellamuthu Trust and Research Foundation, Alagarkovil, Madurai (Account No.11194450660, IFSC Code-SBIN0001479, State Bank of India, Vinayaganagar Branch, No.8, Dr.Ambedkar Road, Madurai-20)and shall produce the receipt before the concerned Magistrate at the time of executing the bond and on such deposit being made, the learned Special Judge shall accept the sureties furnished by the petitioner

[d]the petitioner shall report before the trial Court on all working days morning at 10.30 A.M., and evening at 05.00 P.M., for a period of four weeks and thereafter, on all hearing dates.

[e] the petitioner shall not commit any offences of similar nature.

[f] the petitioner shall not abscond either during investigation or trial.

[g] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[h] 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].

[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.