Ismetara Khatun vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 13.03.2026 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985, in Crime No.111 of 2026 on the file of the respondent, seeks bail.

The case of the prosecution is that the petitioner was found to be in illegal possession of 10 kgs of ganja. Hence, the case.

The learned counsel for the petitioner would submit that the petitioner is innocent and she has been under incarceration since 13.03.2026. He would further submit that the recovered contraband is only an intermediate quantity and that the petitioner has no previous cases. Hence, he prays for the grant of bail.

At this juncture, the learned Government Advocate would oppose the bail application and submit that the petitioner has no previous cases and that the recovered contraband is an intermediate quantity.

I have given my anxious consideration to the submissions made by the learned counsel on either side.

From the submissions made by the learned Government Advocate the petitioner is under incarceration since 13.03.2026 and what was recovered from the petitioner is an intermediate quantity. Hence, considering the quantity of the ganja recovered, the petitioner has been under incarceration since 13.03.2026 and that the petitioner has no previous cases, this Court is inclined to enlarge the petitioners on bail with certain conditions:

Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only), with two sureties (one surety must be a blood relative of the petitioner) each for a like sum, to the satisfaction of the Judicial Magistrate III, Tiruppur, subject to the following conditions:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m for a period of 90 days;

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

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.