Nirmal Kumar v. State By

P.DHANABAL, J.

The petitioner who apprehends arrest for the alleged offences under Section 20(b)(ii)(A) of NDPS Act in Crime No.312 of 2024, on the file of the respondent police seeks anticipatory bail. 2.

The case of the prosecution is that the petitioner along with the other accused persons were found in illegal possession of 5gms and 300 gms of ganja. Hence, the complaint.

3.

The learned counsel appearing for the petitioner submits that the petitioner had not committed any offence as alleged and the petitioner had been falsely implicated in this case. He submitted that the petitioner is willing to furnish substantial sureties for his due release and abide by any condition that may be imposed by this Court and therefore, he prayed to grant anticipatory bail to the petitioner .

4.

The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner along with the other accused persons was found in illegal possession of 800gms of ganja and the materials were seized and there is no previous case as against the petitioner and considering the gravity of offence, he opposed for grant of anticipatory bail to the petitioner.

5.

Considering the representations made by both sides and considering the nature of offences charged against the petitioner and also the seized material is not of commercial quantity and that there is no previous case as against the petitioner and further, taking into consideration of the fact that the petitioner was arrayed as accused only based on the confession statement of the other co-accused, this Court is 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/her appearance, within a period of fifteen

(15) days from the date of receipt of a copy of this order before the Judicial Magistrate No.1, Villupuram on condition that the petitioner

shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police on everyday at 10:30 a.m., until further orders. [b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts of the Court or to any police officer.

[c] the petitioner shall not leave India without the previous permission of the Court.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall make himself/herself available for interrogation by a police officer as and when required. [f] 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].

[g] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

23.09.2024 vca

P.DHANABAL, J.

vca 23.09.2024