Sharmila Begam vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 27.10.2022 for the alleged offence under Sections 8 (c) r/w 20 (b) (ii)(B), 25 and 29(1) of NDPS Act in Crime No.811 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution is that on a secret information about the illegal transportation of ganja, the respondent police along with his team went to the scene of occurrence and intercepted the petitioner's vehicle. On search, the petitioner along with other accused found in possession of 6905 kg. of ganja, which was seized by them. Hence, the complaint.

The learned counsel for the petitioner submitted that this is the fourth petition seeking for bail and she is in judicial custody for more than one year from 27.10.2022. He would submit that she is an innocent person and she is no way connected with the case. He would submit that she has not at all committed any offence as alleged by the respondent police and there is no property recovered from this petitioner. He would submit that the investigation is almost completed and he would abide by any condition that may be imposed by this court. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that from the petitioner along with other accused, the contraband of 6.905 kgs. of ganja was recovered. He would submit that she is arrayed as A2 in this case and there are 4 previous cases similar in nature pending against her. He would submit that now the investigation is almost completed and the suit is riped for trial. He would submit that if she is released on bail, she would tamper the witnesses and hamper the investigation. Hence, he vehemently opposed to grant bail to the petitioner.

On considering the facts and circumstances of the case and also on considering the long incarceration for nearly one year and she is ready to abide any condition imposed by this court and now the suit is riped for trial, this Court is inclined to grant bail to the petitioner subject to the following conditions:

Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which one surety must be a blood surety for a like sum to the satisfaction of the learned Special Court for EC and NDPS Court at Salem and on further conditions that:

(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(b) the petitioner shall appear before the trial court on every Wednesday at 10.30 a.m. for the period of three months and she shall also appear before the trial court for every hearing without fail and she shall cooperate with the trial proceedings;

(c) the petitioner shall not commit any offences of similar nature;

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

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

(f) on breach of any of the aforesaid conditions, the learned Judicial 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];

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