Ramesh vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 27.02.2024 for the offence punishable under Sections 8(c) r/w 20(b)(ii)(B), of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.139 of 2024 on the file of the respondent police.

The case of the prosecution is that on 27.02.2024, on receipt of the secret information, the respondent police conducted inspection at Jolurarpet Bus Stand wherein the respondent police found petitioner was selling the Ganja pockets. On inspection, the respondent police found 2 kg of Ganja. Thereafter, the respondent police arrested the petitioner and recorded statement. Hence the case.

The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He is also submitted that the petitioner is ready to abide by any stringent conditions imposed by this Court and he is in judicial custody from 27.02.2024. Therefore, he prays for grant of bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that at Jolurarpet Bus Stand, the respondent police found that the petitioner was in possession of 2 kg of Ganja and selling to the general public. Hence, he opposed to grant bail to the petitioner.

However, taking into consideration, the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following 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 (out of which one surety must be a blood related surety), each for a like sum to the satisfaction of the learned Special Judge for EC/NDPS Act cases, Salem and on further conditions that :-

[a] the sureties shall affix his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity.

[b] the petitioner shall report before the respondent police on every Sunday at 10.30 a.m., for a period of three months.

[c] the petitioner shall make a non-refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) to the credit of TamilNadu Advocate Clerk Association, Chennai, Current Account No.484026006, IFSC.No.IDIB000M157, Indian Bank, High Court Branch.

[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 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.