Santhosh vs State

A.D.Jagadish Chandira, J

The petitioner, who was arrested and remanded to judicial custody on 19.07.20222 for the offences punishable under Sections 8(c), 20(b)(ii)(B) of NDPS Act in Crime No.366 of 2022 on the file of respondent police, seeks bail.

The case of the prosecution is that on search made by the respondent, the petitioner was found to be in possession of 1.250 kg of Ganja without any valid license.

Learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that this the first bail application before this Court. He had already approached the Principal Special Judge (FAC), EC & NDPS Court, Chennai for bail in Crl.M.P.No.3864 of 2022, however, the same has been dismissed by the learned Judge on 23.08.2022. Hence, he seeks to enlarge the petitioner on bail.

The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioner has got one previous case and that with similar in nature in Crime No.344 of 2022. The petitioner was found to be in possession of 1.250 kg of Ganja. Hence, he vehemently opposed to grant bail to the petitioner.

In reply, learned counsel for the petitioner would submit that the petitioner was granted statutory bail in the previous case.

Taking into consideration of the facts and circumstances of the case, the submissions made by the learned counsel and also the period of incarceration suffered by the petitioner from 19.07.2022, this Court is inclined to grant bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the learned Special Court for NDPS Act, 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 every day at 10.30 a.m., and 5.30 pm., 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 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];

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