Siva v. The State Rep By Its,
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) and 25 of NDPS Act in Crime No.692 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that on date on receiving a secret information, the respondent Police along with his team went to the scene of occurrence and they found that the accused was in possession of 2.200 kgs of Ganja. The contraband has been seized and the accused was arrested. Hence the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the contraband involved in this case is in-between quantity. He would also submit that the petitioner is ready to abide by any stringent conditions imposed that may be imposed by this Court and therefore, he seeks for grant of anticipatory bail to the
petitioner.
4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner was found to be in illegal possession of 2.200 kgs of Ganja. He would submit that there are five previous cases similar in nature pending against him. Hence, he opposed for grant of anticipatory bail to the petitioner. 5.In reply, the learned counsel for the petitioner would submit that without prejudice, the petitioner is ready and willing to pay a sum of Rs.10,000/- to any Charitable Institute as may be directed by this Court and he would pray for grant of anticipatory bail to the petitioner.
6. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.
7.Considering the facts and circumstances of the case and also the submissions made by the learned counsel for the petitioner and that the investigation has been completed, this court is inclined to grant
anticipatory bail to the petitioner with certain conditions. 8.Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Sevalaya, No.F-2, Pushkarani Apartments, 12 Ananda Road, Alwarpet, Chennai - 600 018. Account Name: SEVALA, A/c No.218601000134, ICICI Bank, Mylapore Branch, Chennai-600004, IFSC Code: ICIC0002186 and on such receipt and receipt of proof of payment, 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 X Metropolitan Magistrate, Egmore, 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 shall report before the respondent police station on every Wednesday at 10.30 a.m., for a period of six weeks;
(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]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC; 03.01.2023 vkr
T.V.THAMILSELVI, J.
vkr 03.01.2023