Ramesh Ayitha vs Inspector Of Police

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 21.07.2022 for the offences punishable under Sections 8(c) r/w 20(b) (ii) (B), 22 (a), 22(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.155 of 2022 on the file of the respondent police seeks bail.

The case of the prosecution is that on receiving the secret information about illegal sale of Ganja, the Sub Inspector of Police along with his team conducted search, in which they found the petitioner along with the other accused were found in possession of 5 grams of Methaphetamine and 2 kilo grams of Ganja and the respondent police seized the contraband and arrested the petitioner along with the other accused. 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. He further submits that this Court has granted bail for the co-accused in Crl.O.P.No.23410 of 2022 dated 28.09.2022. He further submits that the petitioner has been suffering incarceration for more than 150 days. Hence, he seeks for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) submits that the petitioner along with the other accused were found in possession of 5 grams of Methaphetamine and 2 kilo grams of Ganja . Thereafter, the respondent police seized the aforesaid Ganja. He further submits that they have filed a counter wherein it has been stated that there is no recovery from this petitioner. 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 this Court has already granted bail for the co-accused and there is no recovery from the petitioner as per the counter filed by the respondent, 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 II Additional NDPS Court, 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 report before the respondent police station daily at 10.30 a.m., for a period of two months and thereafter report before the respondent police station on every wednesday at 10.30 a.m for a period of three months and also appear before the trial court on all hearing dates 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;