Adarsh Ashok vs State Of Kerala

A.Badharudeen, J

This is an application for regular bail filed, under Section 439 of the Criminal Procedure Code, by the petitioner, who is the sole accused in Crime No.4/2023 of Excise Enforcement and Anti Narcotic Special Squad, Kollam, alleging commission of offences punishable under Section 22(b) & 20(b)(II)(A) of the Narcotic Drugs and Psychotropic Substances Act (for short `NDPS Act' hereinafter).

Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the case diary and report of the Investigating Officer placed by the learned Public Prosecutor.

The prosecution allegation herein is that at about 1.30 a.m on 10.01.2023, when the accused was intercepted by the Investigating officer, near NSS Karayogamandiram, he was found in possession of 2.250 grams of MDMA and 20 grams of Ganja against the restrictions contained in the NDPS Act and accordingly he was nabbed red handedly.

The learned counsel for the petitioner pressed for grant of regular bail on the submission that the petitioner has no criminal antecedents and investigation requiring him in custody is practically over.

Whereas the learned Public Prosecutor zealously opposed the bail plea on the submission that the petitioner, who got involved in a very serious crime, may not be released at the primitive stage of investigation and the same would affect the fair investigation of the case.

In this matter, admittedly the petitioner has no criminal antecedents. The case at the hand would go to show that the investigation has achieved much progress. Therefore, his further custody for the purpose of investigation is not required.

Accordingly, the petition stands allowed and the petitioner can be released on bail on the following conditions:

i. Accused/petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court concerned.

ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of two months and also appear before the Investigating Officer as and when directed.

iii. Accused/petitioner shall not leave India without prior permission of the jurisdictional court.

iv. The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial court. If he has no passports, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

v. Accused/petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.