Yuvaneshwaran vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 17.11.2022 for the alleged offences under Sections 8(c) r/w 22(b), 29(1) of of NDPS Act, 1985 in Crime No.723 of 2022, on the file of the respondent police, seeks bail.

The case of prosecution is that on 16.11.2022, the respondent police based on a secret information went to the spot and found that the petitioner was in illegal possession of 45 nos. Nitrovet tablets and 12 tablets of Witadol-100 without any valid license or permit and the same was seized by the police. Hence, the complaint.

The learned counsel appearing for petitioner submitted that the petitioner has not possessed the above said drug tablets and he is no way connected with the offence and he has not committed any of offence as alleged by the respondent police. He would also submit that he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would also submit that the petitioner has been suffering incarceration for more than 67 days from 17.11.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is arrayed as A2 in this case and contraband seized from the scene of occurrence is an intermediate quantity He would submit that now the investigation is almost completed and if he is released on bail, he would hamper the investigation and tamper the witnesses. Hence, he would vehemently opposed to grant bail to the petitioner.

Considering the above facts and circumstances, and also considering the fact that contraband seized from the petitioner is an intermediate quantity and the investigation almost completed and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

Accordingly, the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees five thousand only) as non-refundable deposit to the credit of Tamil Nadu Advocate Clerk Association, Chennai. Current Account No.484026006, IFSC No.IDIB000M157, Indian Bank, High Court Branch and on such deposit, 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 for a like sum to the satisfaction of the learned Metropolitan Magistrate XV, George Town, Chennai 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 report before the respondent police daily at 10.30 a.m. for the period of three months;

(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.