Ramesh vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 06.02.2022 for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29 of NDPS Act, in Crime No.6 of 2022 on the file of the respondent police, and pending trial in C.C.No. 154 of 2022 on the file of learned II Additional Special Judge for NDPS Act cases, Chennai seeks bail.

The case of prosecution is that on receipt of secret information, the respondent police along with his team went to the scene of occurrence and on search, they intercepted a car and on search, they found the petitioner along with other accused are in illegal possession of 30 pockets each weighing about 2 kgs in altogether 60.000 kgs. of ganja, which was seized by them. Accordingly, the complaint was registered against the petitioner.

The learned counsel for the petitioner submitted that this is fifth petition seeking for bail and he is in custody for more than 1 year five months. He would further submit that he is no way connected with the offence and he has not at all committed any offence as alleged by the respondent police. He would also submit that in earlier dismissal order, this Court has given direction to complete the trial within a period of three months. Even after several direction given by this Court the learned trial Judge has failed to complete the trial within the stipulated time and so far, there is no progress in the trial and the investigation is almost completed. He would submit that he will abide by any stringent condition that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent raised objection, but admits that a charge sheet was filed and the petitioner is having similar nature of cases in Andhrapradesh in Spl.S.C.No.19 of 2022, in which the petitioner was granted bail and summons also issued to appear before the concerned Court on 23.08.2022 at Machilipatnam. He would submit that he is also being in possession of aforesaid contraband. He would submit that if he is released on bail, he would hamper the investigation and tamper the witnesses Hence, he strongly opposed to grant bail to the petitioner.

Considering the submissions on both side counsels and the fact revels that he has already granted bail in some other cases and summon was issued against him. In present case he is in custody for more than 1 year 5 months and the investigation is almost completed, charge sheet was filed and also there is no progress in the trial and considering the period of incarceration, 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 bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which, one surety must be a blood surety, each for a like sum to the satisfaction of the learned II Additional Special Judge for NDPS Act cases, Chennai 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 appear before the respondent police daily at 5.00 p.m. until completion of trial proceedings and he shall appear before the trial court for every hearing 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 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.