K.Karthick @ Pattasu Karthick v. The Inspector Of Police

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.398 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that while the respondent Police and his team were on routine rounds, they found that the petitioner along with other accused was found in illegal possession of 1.5 kilograms of Ganja. 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 there is no recovery from this petitioner. 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 along with other accused was found in illegal possession of 1.5 kilograms of Ganja. He would submit that there are two 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 Registered Advocate Clerk Association, Erode 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 Judicial Magistrate No.I, Erode, on condition that the petitioner shall execute a bond for a sum of Rs.

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