Sathish And Others vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 20.03.2020 for the alleged offences punishable under Section 8(c) r/w 20(b) (ii)(c), 29(1) of NDPS Act, in Crime No.22 of 2020 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 23 kgs of ganja. 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 petitioner has been suffering incarceration for more than two years and five months. Hence, he seeks to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) submits that the first petitioner was in possession of two bags of 23 kgs of ganga and the said bags were not produced before the Court and the second petitioner has not carried any bag along with the 1st accused. Based on the confession statement of A1, A2 was arrested. 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 contraband was not recovered from the second accused and the petitioner has no previous case pending against him, this court is inclined to grant bail to the second petitioner with certain conditions. As far as the first petitioner is concerned, bail petition is dismissed.

Accordingly, the second 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

Special Judge, II Additional Special Court for Exclusive Trial of cases under 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 second petitioner shall report before the respondent police for alternative days at 10.30 a.m., for a period of two months;

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

(d)the second 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 second petitioner in accordance with law as if the conditions have been imposed and the second 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 second accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;