Abdul Asees vs State Of Kerala

Viju Abraham, J

These are applications for regular bail.

In B.A. 4679/2022, the petitioner is accused No.1 in Crime No.20/2019 of Excise Range Office, Manjeri alleging commission of offences punishable under Sections 20(b)(ii)B and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, for having found transporting 4.020 Kgs of ganja. He was arrested on 07.12.2019 and later granted bail on 05.02.2020. However, for violation of bail conditions, for having involving in another crime, the bail granted was cancelled as per order dated 17.12.2020. The petitioner submits that he is in custody since then. Though he moved applications for bail before the designated Court, the same were rejected as per Annexue A1 and A2 orders.

2. In B.A. 4686/2022, the petitioner is the sole accused in Crime No.05/2019 of Excise Range Office, Manjeri alleging commission of offence punishable under Section 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, for having found in transporting 4 Kgs of ganja. He was granted bail on 27.08.2019. However, for violation of bail conditions, for having involving in another crime, the bail granted was cancelled as per order dated 17.12.2020. The petitioner submits that he is in custody since then. Though he moved applications for bail before the designated Court, the same were rejected as per Annexue A1 and A2 orders. The learned counsel for the petitioner submitted that the 4 other NDPS cases in which the petitioner is involved, all are either small or intermediate quantity.

The learned Public Prosecutor seriously opposed the applications for bail mainly contending that the petitioner is involved in 4 other NDPS crimes and submitted that the petitioner is involved in other cases in violation of the bail conditions and therefore, the bail granted to the petitioner was cancelled. A report was called for from the Special Court and it was submitted that the case is now posted for framing charges and that there was no Prosecutor for the trial of NDPS cases for a short period.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 17.12.2020 onwards and the long days of detention and that the trial has not yet commenced, I am inclined to grant bail to the petitioner. But taking note of the criminal antecedents of the petitioner, it can only be on stringent conditions. In the result, these bail applications are allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) in both the cases, with two solvent sureties each, for the likesum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime Nos.05/2019 & 20/2019 of Excise Range Office, Manjeri on every Tuesday and Saturday at 11 am, until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime Nos.05/2019 & 20/2019 of Excise Range Office, Manjeri;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime Nos.05/2019 & 20/2019 of Excise Range Office, Manjeri may file an application before the jurisdictional court, for cancellation of bail.