T.V.Thamilselvi, J
1. The petitioner who was arrested and remanded to judicial custody on 28.03.2024 for the offences under Sections 20(B)(II) (A) r/w 8(c) of NDPS Act 1985, r/w. 34 IPC and 77 Juvenile Justice (Care and Protection of Children) Act 2015 in Crime No.34 of 2024, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 28.03.2024, on secret information the respondent police went to the place of occurrence and found that the petitioner and other were selling ganja leaves to the general public and students. Hence the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the above said offence and he has been suffering incarceration for more than 25 days from 28.03.2024. He would further submit that the petitioner is ready to abide any stringent condition that may be imposed by this Court and he would pray for grant of bail to the petitioner.
4.The learned Government Advocate (Crl. Side) would raise objection stating that totally two accused involved in this case and that petitioner is ranked as A-2. He further submits that both were arrested and illegally selling ganja leaves to the general public and students and hence he strongly opposes for grant of bail to the petitioner.
5.Considering the submission made by the learned counsel for the petitioner, this Court is of the opinion that the petitioner shall be directed to make a non refundable deposit of Rs.10,000/- (Rupees Ten Thousand Only), to the credit of the Registered Advocate Clerks Association, Pondicherry, without prejudice to his rights and contentions. The amount so deposited shall be utilised by the Association for the welfare of the Advocates.
6. It is made clear that the deposit of the amount by the petitioner to the said Association would not amount to admission of guilt. The trial Court shall deal with the case independently on merits without reference to the amount deposited at the stage of bail.
7. Considering the facts and circumstance of the case and considering the period of incarceration undergone by him and that the investigation is almost completed, this Court is inclined to grant bail to the petitioner with certain conditions.
8. Accordingly, the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate- IV at Pondicherry, and on further conditions that:
(a) the petitioner shall make non-refundable deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) through demand draft to the Registered Advocate Clerks Association, Pondicherry, without prejudice to his defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner;
(b)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 shall report before the respondent police on every alternative days at 10.30 a.m. for a period of Three (3) months;
(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]; and;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
