Sasikumar vs State

T.V.Thamilselvi, J

The petitioner who was arrested on 08.03.2024 and remanded to judicial custody for the offences under Sections 8(c), r/w 20(b)(ii)(B) of NDPS Act, in Crime No.137 of 2024 on the file of the respondent police, seeks bail.

This is the second bail application filed by the petitioner. The case of the prosecution is that the petitioner along with other accused persons were found in illegal possession of 2 kgs of Ganja. 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 submitted that the petitioner has been suffering incarceration from 08.03.2024. He further submitted that the petitioner on his own volition ready to deposit a substantial amount to any charitable purpose as may be directed by this Court and would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submitted that there are 8 previous cases pending against the petitioner and the investigation is almost completed. However, he vehemently opposed for grant of bail to the petitioner.

Considering the fact that the investigation is almost completed and the seized contraband is a intermediate quantity and also considering the period of incarceration suffered by the petitioner, 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 one must be a blood surety each for a like sum to the satisfaction of the learned Judicial Magistrate, Arakkonam, and on further condition that:

(a ) the petitioner shall make a non-refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Registered Advocate Clerks Association, Vellore,

without prejudice to his defence before the trial Court and submit the proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the challan/ receipt/acknowledgement, shall accept the sureties furnished by the petitioner;

(b)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;

(c)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three months and thereafter as and when required for interrogation.

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)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;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

In the result, this Criminal Original Petition is ordered.