Sibaram Maharana vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 08.11.2022 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act in Cr.No.344 of 2022 on file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 2 kgs 100 grams of Ganja. Hence, the case.

The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would submit that the contraband recovered from the petitioner is in-between quantity. He further submits that the petitioner has been suffering incarceration from 08.11.2022. Hence, he seeks for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) submits that the petitioner along with other accused was found in illegal possession of 2.1 kgs of Ganja. He would submit that the investigation has been completed. However, there is one previous case, similar in nature, pending against the petitioner. Hence, he vehemently opposed to grant bail to the petitioner.

5.In reply, the learned counsel for the petitioner would submit that the petitioner is ready and willing to pay a sum of Rs.10,000/- to any Charitable Institute as may be directed by this Court and he would pray for grant of bail to the petitioner.

6.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

7.Considering the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner and that the investigation has been completed, this court is inclined to grant bail to the petitioner with certain conditions.

8.Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of the Registered Clerk Association, Coimbatore, without prejudice to his right and contention before the trial Court, on such deposit and production of proof, 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 each for a like sum to the satisfaction of learned Special Judge for EC/NDPS Act cases, Coimbatore 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 station on every Saturday at 10.30 a.m., for a period of two 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;