Rajesh @ Setting Rajesh vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 21.11.2022 for the alleged offences under Sections 8(C) r/w 22(b), 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.331 of 2022, on the file of the respondent police, seeks bail.

The case of prosecution is that on 21.11.2022 at about 12.15 hrs., the respondent police based on a information went to the spot and on search, they found the petitioner along with five persons found in possession of MDMA-ECSTASY (violet colour tablet-3, black colour tablet-3, brown colour tablet-2, orange colour tablet-1 and green colour tablet-1), totally 10 tablets without any valid license or permit and the same was seized by the police. Hence, the complaint.

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 45 days. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are six accused involved in this case and the petitioner is arrayed as A2. He would submit that from the scene of occurrence, petitioner along with other accused were found in possession of MDMA-ECSTASY, totally 10 tablets in order to sell the same, which is a intermediate quantity. He would submit that now the investigation is almost completed and if he is released on bail, he would hamper the investigation and tamper the witnesses. Hence, he would vehemently opposed to grant bail to the petitioner.

Considering the above facts and circumstances, the investigation almost completed and also considering the period of incarceration undergone by the petitioner and the Co-accused has been granted bail by this Court in Crl.O.P.No.32316 of 2022 dated 02.01.2023, this Court is inclined to grant bail to the petitioner subject to the following conditions:

Accordingly, the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees five thousand only) as non-refundable deposit to the credit of Madras High Court Advocate Clerks Welfare Association, Chennai, A/c No. 484077244, Bank : Indian Bank, Branch : High Court. IFSC Code : IDIB000M157 and on such deposit, 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 sureties each for a like sum to the satisfaction of the learned XVI Metropolitan Magistrate, George Town, Chennai and on further conditions that:

(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(b) the petitioner shall report before the Thiruvallur Town Police Station every day at 10:30 a.m for a period of six weeks and thereafter report before the respondent police on every Wednesday at 10.30 a.m. for the period of three months.

(c) the petitioner shall not commit any offences of similar nature;

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

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

(f) 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];

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