Thaiyappan And Other vs State

T.V.Thamilselvi, J

The petitioners who were arrested and remanded to judicial custody on 18.01.2023 for the offences punishable under Sections 8(c) read with 20 (b)(ii)(B), 25, 29(1) of NDPS Act 1985, in Crime No.48 of 2023 on the file of the respondent police seek bail.

The case of the prosecution is that on 18.01.2023, on receiving a secret information, the respondent police went to the scene of occurrence, wherein they found that the petitioners were in illegal possession of 2 kgs of Ganja. Hence, the case.

The learned Counsel for the petitioners submits that the petitioners are innocent persons and they have been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioners, on their own volition, is ready and willing to contribute some amount to any Charitable Purpose as may be directed by this Court. He also submits that the petitioners have been suffering incarceration from 18.01.2023. Hence, he seeks to grant bail to the petitioners.

The learned Government Advocate (Crl. Side) submits that based on secret information, the respondent police went to the scene of occurrence and found the petitioners were in possession of 2 kgs of Ganja and the same was seized by the respondent police. He would further submit that there are no previous case against these petitioners. Hence, he vehemently opposed to grant bail to the petitioners.

Considering the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioners and the petitioners have willfully and on their own volition agreed to contribute some amount for charitable purpose, this court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioners are directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) to the credit of Registered Advocate Clerk Association, Namakkal, and on such deposit, the petitioners are ordered to be released on bail on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties (out of which, one should be a blood related surety), each for a like sum to the satisfaction of the learned Special Judge for EC/NDPS Act Cases, Salem, (Additional District Judge & Presiding Officer, Special Court under EC and NDPS Act Cases, (FAC), Salem, 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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two months until further orders;

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

(d)the petitioners 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;