Abdul Nasar vs State Of Kerala

Gopinath P., J

This is an application for regular bail

The petitioners are the 1st and 2nd accused in Crime No. 74/2022 of Manjeri Police Station, Malappuram District alleging commission of offences under Sections 20(b) (ii) B, 29 of Narcotic Drugs and Psychotropic Substances Act.

The allegation against the petitioners is that the petitioners along with the other accused were found in possession of 4.200 Kgs of ganja while traveling in a car bearing registration No. KL-53-J-7775 and thereby they committed the offences alleged against them.

The learned counsel appearing for the petitioner submits that the petitioners are absolutely innocent in the matter. It is submitted that the petitioners are daily wage workers employed in Malappuram. It is submitted that the petitioners have no criminal antecedents.

I have heard the learned Public Prosecutor also. It is submitted that if the petitioners are released on bail, there is every chance of similar offences being repeated.

Having regard to the facts and circumstances of the case and considering the fact that no criminal antecedents have been reported against the petitoners, I am of the view that the petitioners can be granted bail subject to the following conditions. I also note that the petitioners have already been in custody for 51 days and their continued detention may not be necessary for the purposes of any investigation since a final report has already been filed in the matter.

In the result this bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:-

(i) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioners shall appear before the investigating officer in Crime No. 74/2022 of Manjeri Police Station, Malappuram District as and when summoned to do so;

(iii) Petitioners shall not attempt to contact or interfere with the investigation or to influence or intimidate any witness in Crime  No.  74/2022  of  Manjeri  Police  Station,  Malappuram District ;

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

If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 74/2022 of Manjeri Police Station, Malappuram District may file an application before the jurisdictional Court for cancellation of bail.