Akash And Others vs State

T.V.Thamilselvi, J

This Criminal Original Petition has been filed by the petitioners, who were arrested and remanded to judicial custody on 14.10.2025, seeking bail in Crime No.431 of 2025 for the alleged offences punishable under Sections 8(c), 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985.

The case of the prosecution is that the petitioners were found in possession of 250 grams of ganja. Hence, the case.

Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He also submitted that the petitioners are in Judicial Custody from 14.10.2025 and they are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioners were found in illegal transportation of 250 grams of ganja. He opposed for grant of bail to the petitioners.

Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either sides and also taking note of the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioners shall make a non-refundable deposit of Rs.10,000/- (Rupees Ten thousand only)each to the credit of Advocate Clerk Association, Coimbatore District, and on such deposit, the petitioners 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 II Judicial Magistrate at Coimbatore, 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 petitioners shall report before the respondent Police on every Tuesday and Saturday at 10.30.a.m., for a period of three months and thereafter as and when required for interrogation;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 229A IPC.