Sudhakaran vs State Of Tami Nadu

A.D.Jagadish Chandira, J

The petitioner who was arrested and remanded to judicial custody on 21.01.2023 for the offences punishable under Sections 8(c), read with Section 22(b), 25, 27(a), 29(1) of NDPS Act, 1985 in Crime No.53 of 2023 on the file of the respondent police seeks bail.

The case of the prosecution is that on the date of occurrence, based on secret information, the respondent police went to scene of occurrence and the petitioner along with other accused were found in unlawful possession of 130 Nos. of nitravet tablets and tydol tablets. Hence, the case.

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 submitted that the contraband involved in this case is in-between quantity. He also submitted that the co-accused in this case has earlier granted bail by this Court on condition to deposit some amount to any charitable trust. Hence, he prays for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) submitted that on the date of occurrence, based on secret information, the respondent police went to scene of occurrence and the petitioner along with other accused were found in unlawful possession of 130 Nos. of nitravet tablet and tydol Crl.O.P.No.5437 of 2023 tablet. He further submits that the seized contraband is in between quantity and there are two previous cases against the petitioner. However, he vehemently opposed to grant bail to the petitioner.

5.In reply, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defense and contention, is ready and willing to deposit an amount of Rs.15,000/- to any charitable organization or association and he is in judicial custody from 21.01.2023. Hence, he prays for grant of bail to the petitioner.

6.Considering the facts and circumstances of the case and also the submissions made by the learned counsel for the petitioner that the contraband involved in this case is in between quantity and also considering the period of incarceration undergone by the petitioner from 21.01.2023, this court is inclined to grant bail to the petitioner with certain conditions.

7.Accordingly, the petitioner shall deposit a sum of Rs.15,000/-(Rupees Fifteen Thousand Only) as non-refundable deposit by way of RTGS/NEFT to the Gulf of Mannar, Biosphere Reserve Trust, (State Bank of India) Ramnad Branch, A/c No.33658054216, IFSC Code : SBIN0000908, without prejudice to his right and contention before the trial Court and on such deposit and production of proof, the 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 Judicial Magistrate, Sriperambathur, Kanchipuram District 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 daily at 10.30 a.m, until further orders;

(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;