C.V.Karthikeyan, J
1. The petitioner/A5, who was arrested and remanded to judicial custody on 13.12.2023 for the offences punishable under Section 8(c) r/w Section 20(b)(ii)(B), 22(b), 29(1), 25 of NDPS Act in Crime No.480 of 2023, seeks bail.
2.The case of the prosecution is that the petitioner along with other accused were found in possession of 1.200 Kgs of Ganja and 418 numbers of Tydol Tablet, which had been seized.
3.It is stated that there is a proposal to detain A1 under the Tamil Nadu Act 14 of 1982 and A2 and A3 have been granted bail.
4.Taking all the factors into consideration and the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner.
5.Accordingly, the petitioner is ordered to be released on bail on condition to 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 learned XIV Metropolitan Magistrate, Egmore, Chennai and on further conditions that:
[a] 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 appear before the respondent police everyday at 10.30 a.m., until further orders.
[c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness 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.
