Tamilarasan vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 10.04.2022 for the alleged offences punishable under Sections 8(c), 22(c) and 29(1) of NDPS Act, in Crime No.344 of 2022 on the file of the respondent police, pending trial in C.C.No. 333 of 2022 on the file of learned learned I Addl. Special Court for Exclusive Trial of cases under NDPS Act cases, Chennai seeks bail.

The case of prosecution is that on receipt of secret information about illegal sale of ganja at Mattu Mandhai bridge nearby Thiruvottiyur police station, the respondent police along with his team went to the scene of occurrence and on search, they found the petitioner along with other accused in possesion of blue colour tablet 15, black color tablet 5 and orange color tablet 5, totally 25 tablets of MDMA weighing 12.8 grams, which was seized by them. Accordingly, the complaint was registered against the petitioner.

The learned counsel for the petitioner submitted that this is fifth petition seeking for bail and he is in custody for more than 1 year 2 months. He would further submit that he is no way connected with the offence and he has not at all committed any offence as alleged by the respondent police. He would submit that co-accused were released on bail and he is ready to abide by any condition that may be imposed by this Court. He would further submit that the investigation is almost completed. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that when the petitioner along with other accused were found selling of contraband nearby Thiruvottiyur railway station, he was secured and the alleged contraband was sent for chemical examination. He would submit that now the final report was filed and the case is posted for trial. He would submit that he is having 6 previous cases pending against him, in which one case is registered under NDPS Act. He would also submit that he is in custody for more than 10 months. He would submit that if he is released on bail, he would hamper the investigation and tamper the witnesses Hence, he strongly opposed to grant bail to the petitioner.

Considering the above facts and circumstances and also the fact that he is suffering incarceration for more than 10 months and now investigation is almost completed, final report was filed and the case is posted for trial and co-accused were released on bail, 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 bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which, one surety must be a blood surety, each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruvottiyur, 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 petitioner shall appear before the respondent police on every Tuesday and Sunday at 10.30 a.m. for the period of four monhs and he shall appear before the trial court for every hearing without fail;

(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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.