Aswini vs State Of Tamilnadu

P. Dhanabal, J

The petitioner/Accused No.4, who was arrested and remanded to judicial custody on 17.03.2026 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B), 22(c), 25 and 29(1) of NDPS Act, in Crime No.303 of 2022 on the file of the respondent police, seeks bail.

The learned counsel for the petitioner would submit that the petitioner was already released on bail and since the petitioner has not turned up for the hearing, Non-Bailable Warrant (NBW) was ordered to be issued and the same was executed on 17.03.2026 and she is still in judicial custody. He would further submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that no contraband was recovered from this petitioner and based on the confession of co-accused, she has been arrayed as accused. He would further submit that the co-accused has already been released on bail. Hence, he prays to grant bail to the petitioner.

The learned Additional Public Prosecutor appearing for the respondent would submit that due to non-appearance, the Non-Bailable Warrant was issued against the petitioner and the same was executed on 17.03.2026. He would further submit that absconding charge sheet has been filed against the petitioner. Hence, he strongly opposed to grant bail to the petitioner.

This Court heard both sides and perused the materials available on record.

Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the fact that already the petitioner was granted bail and thereafter, due to non-appearance, NBW was issued against the petitioner and the same was executed on 17.03.2026 and the absconding charge sheet has also been filed and no contraband was recovered from this petitioner and based on the confession of co-accused, she has been arrayed as accused and the co-accused has already been released on bail and also considering the period of incarceration undergone by the petitioner from 17.03.2026, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] 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 Communal Clash Court, Madurai, and on further conditions that:

[b] the petitioner shall report before the Communal Clash Court, Madurai on all working days at 10.30 a.m., until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.