Pakir Mytheen Jamir vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 04.11.2022 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(C) and 25 of NDPS Act 1985, in Crime No.267 of 2022 on the file of the respondent police, seeks bail.

The case of prosecution is that on 04.11.2022, when the respondent police was on patrol at Avapoondurai four road, Kangeyam, Erode Main Road, they intercepted petitioner's vehicle in a suspicious manner from north to south in the said road and on seeing them, the petitioner along with other accused tried to escape from the scene of occurrence and the police caught hold of them. On search, the petitioner along with other accused were found in possession of ganja and they seized 7.600 kgs. of ganja from A2 and 9.500 kgs. of ganja from A3 and 3.800 kg. of ganja from this petitioner. Accordingly, the complaint was registered against the petitioner.

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 more than 79 days from 04.11.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that at the time of search, the quantity of 7.600 kgs. of ganja from A2 and 9.500 kg. Of ganja from A3 and 3.800 kg. Of ganja from this petitioner were seized, which are commercial quantity. He would submit that totally there are 4 accused involved in this case and the petitioner is arrayed as A4 and one previous cases pending against him, which is a prohibition offence. He would also submit that if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is almost completed. However, he would vehemently opposed to grant bail to the petitioner.

Considering the above facts and circumstances and also the fact that the investigation is almost completed, also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. However, the trial court is directed to complete the trial and dispose the case within a period of three months from the date of receipt of copy of this order.

Accordingly, the petitioner is ordered to be released on bail on executing separate bonds 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 Addl. District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore 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 report before the respondent police on every Wednesday at 10.30 a.m. for the period of three months and thereafter, he shall appear before the trial court for every hearing regularly without fail.

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

(d) the petitioner 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 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]; and;

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