Ramya v. State Of Tamil Nadu Rep By
T.V.THAMILSELVI,J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b)(ii)(B), 25 and 29(1) of NDPS Act, 1985 in Crime No.275 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on specific information, the respondent police has arrested A1 & A2 and from them 1.200 Kg of Ganja has been recovered and during the course of the investigation, they have confessed that the petitioner herein is the person who has supplied the contraband to them. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and she has been falsely implicated in this case based on the confession of the A1 & A2. He would also submit that the other person who has supplied the contraband to A1 & A2 has been granted anticipatory bail by this Court in Crl.O.P.No.22431 of 2022 on Page No.1/5
24.11.2022. However, on instructions, the learned counsel submitted that the petitioner, on her own volition, is ready and willing to contribute a sum of Rs.10,000/- to the credit of the Registered Advocates Clerks Association, Thiruvallur District, that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner had supplied ganja to the other accused, from whom 1.200 Kg of Ganja has been recovered. He would further submit that there are two previous cases pending as against the petitioner. However, he vehemently opposed to grant 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.
Page No.2/5
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate - I, Poonamallee, 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 is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Registered Advocates Clerks Association, Thiruvallur District within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below;
[b] 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;
[c] the petitioner is directed to report before the Page No.3/5
respondent police on every Wednesday and Sunday at 10.30 a.m., for a period of three months;
T.V.THAMILSELVI,J.
sp [d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner shall not abscond either during investigation or trial;
[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 accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
16.12.2022 Page No.4/5
sp Page No.5/5