Saifudheen vs State

A.D.Jagadish Chandira, J

The petitioner, who was arrested and remanded to judicial custody on 05.05.2023 for the offences punishable under Sections 8(c), r/w 20(b)(ii)(B) of NDPS Act, in Crime No.22 of 2023 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 05.05.2023, the petitioner was found transporting 6 kgs. of Ganja in Alapuzha Express Train. Hence, the case.

The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has been languishing in jail from 05.05.2023 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) vehemently opposed for grant of bail to the petitioner stating that the petitioner was found transporting 6 kgs. of Ganja in Alapuzha Express Train and that he is a native of Kerala. However, he would admit that there is no previous case against the petitioner.

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

Considering the above facts and circumstances of the case, the submissions made by the learned counsel on either side and the period of incarceration undergone by the petitioner and also of the fact that there is no previous case against the petitioner, this Court is inclined to grant of bail to the petitioner with certain conditions.

Accordingly, the petitioner is directed to make a non-refundable deposit of Rs.20,000/- (Rupees Twenty Thousand only) by way of RTGS/NEFT to the credit of "M/s.The Tamil Nadu Juvenile Justice Fund, Account Number : 358001000000671, IFSC Code : IOBA0001288, MICR:600020073, Indian Overseas Bank, SME Kilpauk Branch, 20, Ormes Road, Kilplauk, Chennai-600 010", without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, 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 shall be a blood relative, each for a like sum to the satisfaction of the learned Judicial Magistrate No.2, Salem, 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 everyday at 10.30 a.m. until further orders.

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 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];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.