Rathinam vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 16.12.2022 for the alleged offence under Sections 8(c), r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act in Crime No.63 of 2022 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 16.12.2022, on receipt of a secret information, when the respondent police apprehended the petitioner and on search, he was found in possession of 64 kgs. of ganja, which was banned by the Government and the same was seized by them. Hence, the complaint.

The learned counsel for the petitioner submitted that this is the third petition seeking for bail and he is in judicial custody for more than 400 days. He also submitted that he has not at all committed any offence as alleged by the respondent police and he is no way connected with the occurrence. He further submitted that he has been falsely implicated in this case and he is ready to abide by any condition that may be imposed by this court. He also submitted that the petitioner is advised to undergo spinal surgery. Hence, he prayed to grant bail to the petitioners.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that from the petitioner, the contraband of 64 kgs. was recovered. He would submit that the petitioner is having one previous case similar in nature pending against him. He would also submit that now the investigation was completed and the trial also in progress. Hence, he opposed to grant bail to the petitioner.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

Considering the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner and still he is in custody for more than 400 days, and the trial also in progress, and also considering the fact that the petitioner also ended in acquittal in another case, and the respondent also filing charge sheet, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, out of which one surety is a blood related surety, for a like sum to the satisfaction of the learned Special Judge, Special Court under EC and 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 trial Court daily at 10.30 a.m., for a period of four months 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;