Meenakshi Sundaram And Others vs Inspector Of Police

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 30.06.2022 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(c), 25 and 29(1) of NDPS Act in Cr.No.35 of 2022 on file of the respondent police, seeks bail.

The case of the prosecution is that the petitioners along with other accused were found in illegal possession of 2 bags of Ganja weighing about 25 kgs. Hence, the case.

The learned Counsel for the petitioner submitted that the petitioners are only driver and cleaner of the lorry and they were not the owner of the alleged contraband. He would submit that they have nothing to do with the alleged offence. He further submits that the petitioner has been suffering incarceration from 30.06.2022. Hence, he seeks for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) submits that the petitioners along with other accused were found in illegal possession of 2 bags of Ganja weighing about 25 kgs. He would submit that the investigation has been completed and there is no previous case pending against the petitioners. Hence, he vehemently opposed to grant bail to the petitioners.

5.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6.Considering the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioners and that the investigation has been completed, this court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of learned Judicial Magistrate No.III, Erode 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 petitioners shall report before the respondent police station on every Sunday at 10.30 a.m., until further orders and also appear before the trial Court on all hearing dates without fail;

(c)the  petitioners  shall not  tamper  with  evidence  or witness either during investigation or trial;

(d)the petitioners shall not abscond 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;