D.Shyam Prakash v. State Rep. By

C.V.KARTHIKEYAN, J.

The petitioner/A6 who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(C) r/w Section 20(b)(ii)(A) of NDPS Act and Section 25(1)(a) of Arms Act, 1959 in Crime No.674 of 2023, seeks anticipatory bail. 2.It is stated that A1 to A4 were arrested by the respondent with possession of 200 grams of Ganja and deadly weapons including knife and revolver. On their confession, it is stated that A5 who had also been subsequently arrested had supplied the weapons and revolver and this petitioner had supplied Ganja. He is from Kerala. 3.The earlier petition seeking anticipatory bail was dismissed on 15.02.2024 in Crl.O.P.No.3241 of 2024.

4.The learned counsel for the petitioner had filed a memo giving the details of blood sureties. That has been verified by the respondent and a report had been filed that the two sureties are genuine and are related to the petitioner and they also expressed readiness to stand as surety.

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5.In view of that particular fact and also taking into consideration the quantity of the Ganja seized which is 200 grams, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Palladam, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, out of which, one surety must be a blood surety, as mentioned in the memo, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and 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.

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[b] the petitioner shall report before the respondent police everyday 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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C.V.KARTHIKEYAN , J.

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