Sanjay vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 07.10.2022 for the alleged offences punishable under Sections 21(b), 27(a) and 25 of Narcotic Drugs and Psychotropic Substance Act, 1985 in Crime No.260 of 2022 on the file of the respondent police, seeks bail.

Totally there are four accused in this case and the petitioner herein is arrayed as 4th Accused. The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 10-1050 tablets of Nitravet and the contraband was seized from the petitioner. Hence, the complaint.

The learned Counsel for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that the co-accused were released on bail by this Hon'ble Court in Crl.OP.No.30586 of 2022 dated16.12.2022. He further submits that the petitioner has been suffering incarceration for more than 88 days. Hence, he seeks to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) submits that the petitioner was found in illegal possession of 10-1050 tablets. He further submits that the charge sheet has been filed before the Trial Court and was yet to be taken on file. Based on the confession statement, the petitioner purchased the Tablets and Syringe illegally. However, 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 the petitioner has no previous case pending against him, 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, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Alandur 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 for alternative days at 10.30 a.m., for a period of three months and thereafter on every Saturday at 10.30 a.m for a period of six months.

(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;