Poovarasan @ Monish vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 14.10.2022 for the offences punishable under Section 8( c), r/w 20(b), (ii)(B) of NDPS Act in Crime No.640 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 1.200 kgs of ganja . Hence, the complaint.

The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.5,000/- to any Charitable Purpose as may be directed by this Court. He further submits that the petitioner has been suffering incarceration for more than 50 days from 14.10.2022. Hence, he seeks for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) submits that the petitioner along with other accused was found in illegal possession of 1.200 kgs of ganja and it a intermediate one. He further submits that the petitioner is having three previous cases. He further submits that the investigation was almost completed. Hence, he vehemently opposed to grant bail to the petitioner.

Considering the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner and also the fact that the investigation was almost completed and the petitioner has willfully and on his own volition agreed to contribute a sum of Rs.5,000/- for charitable purpose, this court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of learned District Munsif-Cum-Judicial Magistrate, Madhavaram and on further conditions that:

(a) the petitioner is directed to deposit a sum of Rs.5,000/-(Rupees Five thousand only) to the Tamilnadu Advocates Clerks Association, High Court, Chennai within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below;

(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 report before the respondent police station on every Wednesday at 10.30 a.m., for a period of two months;

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

(e)the petitioner shall not abscond either during investigation or trial;

(f) 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;

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