Prakash v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 20(b)(ii)(A) of NDPS Act, in Crime No.240 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that when the respondent police were in rounds near Ayapakkam bus stand, the petitioner was standing with bike and on seeking the police he left the bike and ran away. Thereafter on inspecting the bike the police found illegal possession of 10 gms of Ganja in 5 plastic cover. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner was in possession of 10 gms of ganja in 5 plastic cover and on seeing the police he left his bike and escaped from the occurrence place. He further submitted that there are Page No.1/4

three previous cases against this petitioner. Hence he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.Side), this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the District Munsif cum Judicial Magistrate, Thirukazhukundram, Chengalpattu, 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, 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.

[b] the petitioner is directed to report before the respondent police daily at 10.30 a.m. for a period of three months and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either Page No.2/4

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.

14.12.2022 dpq (2/3) Page No.3/4

T.V.THAMILSELVI, J.

dpq Crl.O.P.No.29911 of 2022 (2/3) 14.12.2022 Page No.4/4