R.Kasinathan v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRM(DB)/8/2024 R.Kasinathan Vs.

The State Mr.Mohammed Tabraiz ... for the petitioner Ms. A.S.Zinu ... for the State June 21, 2024 [SR] Item No.1 Learned counsel appearing for the petitioner contends that out of ten accused persons, nine were released on bail, although one other accused, from whose person the contraband article was recovered (as was from the petitioner), who was released on bail on the ground of health, has subsequently died.

It is submitted that the trial is almost over and the petitioner has three children, two are twins of about 11⁄2 years and the other a seven year-old child.

Learned counsel appearing for the prosecution strongly opposes the prayer for bail and submits that there is a chance of the petitioner absconding, if released.

Moreover, it is argued that the rigours of grant of bail under the NDPS Act are applicable to the petitioner. Upon a careful consideration of the facts of the case, it is seen that the trial is almost at its final stage.

In our opinion, no useful purpose would be served in further incarcerating the petitioner, since a substantial number of witnesses have already been examined and no case of custodial trial is made out.

Hence, CRM(DB)/8/2024 is allowed, thereby granting bail to the petitioner on condition that the petitioner shall furnish bond of Rs. 10,000 (Rupees ten thousand only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Port Blair. Furthermore, the petitioner shall not leave the territorial jurisdiction of the Trial Court and shall attend on each and every date of trial. Also, the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person having acquaintance with the facts and circumstances of the case so as to dissuade such person from disclosing such facts to the court or to any police officer and/or tamper with evidence in any manner whatsoever. Further, the petitioner shall not engage in similar offence as alleged against the petitioner. The petitioner shall also not try in any manner to contact any of the witnesses.

( Sabyasachi Bhattacharyya, J. ) ( Ajoy Kumar Mukherjee, J. )