Nivetha@ Vincy Nivetha vs Inspector Of Police

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 05.02.2026 for the alleged offences under Sections 8(c), 20(b)(ii)(A), 22(b), 25 and 29(1) of NDPS Act in Crime No.71 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 04.02.2026, when the respondent police conducted a search on secret information near Valasaravakkam Megamart, they found the accused 1 to 4 with illegal possession of 4 grams of Methamphetamine. Based on their confession, A5 was arrested and 6 grams of O.G. Ganja was recovered from him. Based on his confession, A6 was arrested and 1 gram of Methamphetamine was recovered from her. Based on her confession, A7 to A9 were arrested and 1 gram of Methamphetamine and LSD Stamp-1 were recovered from A7. Hence the case.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and she is under incarceration since 05.02.2026 and what was recovered from this petitioner is a small quantity. He would further submit that the petitioner has been implicated in this case only based on the confession of the co-accused and hence prays for grant of bail to the petitioner.

When the matter was taken up for hearing, the learned Government Advocate (Criminal side) appearing for the respondent police would fairly submit that the entire case is of small quantity and the petitioner has no other previous cases.

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

Taking into consideration of totality of circumstances, upon the fact that only small quantity of contraband have been involved in this case and the petitioner has no bad antecedents, this Court is inclined to enlarge the petitioner on bail, subject to the following stringent 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 each, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Poonamallee, Chennai and on further conditions that:

[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 sign before the respondent police daily at 10.30 a.m. and 5.30 p.m. for a period of one week and thereafter as and when requited by the investigation officer for interrogation;

[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 pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]:

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.