Siogupta And Others vs State

G.K. Ilanthiraiyan, J

The petitioners, who were arrested and remanded to judicial custody on 23.03.2026 for the alleged offences under Sections 8(c) r/w 20(b)(ii)(B), 25 and 29(1) of NDPS Act, 1985, in Crime No.137 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 23.03.2026, based on secret information, the respondent police intercepted three persons near Vengamedu, Tiruppur and seized about 6.900 kilograms of ganja from their possession. Hence, the case was registered.

The learned counsel appearing for the petitioners submitted that the petitioners are innocent and have been falsely implicated in this case. It is further submitted that the petitioners have been in incarceration since 23.03.2026 and have undergone considerable period of custody. It is also submitted that the quantity involved is intermediate quantity and the petitioners are ready to abide by any condition imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioners, reiterated the prosecution case and submitted that the petitioners were arrested and remanded to judicial custody on 23.03.2026. He further submits that there is no previous case pending against the petitioners.

Heard both sides and perused the materials available on record.

Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate III, Tiruppur, and 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 petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;

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

[d] the petitioners 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 petitioners in accordance with law as if the conditions had been imposed and the petitioners 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.