Ajayan vs State Of Kerala

K.Haripal, J

These are applications filed under Section 439 of the Cr.P.C. moved by accused Nos.4, 2, 5 and 1 respectively in crime

No.324/2020/CB/IDK/R/2020 of Crime Branch, Idukki.

Initially the crime was registered by the Vagamon police alleging offence under Sections 20(b)(ii)(A), 22(a)(b) (c), 27 and 29 of the NDPS Act.

Later, the investigation has been taken over by the Crime Branch. Now the investigation is in progress. All these petitioners were arrested on

20.12.2020 and since then they are in judicial custody.

I heard counsel on both sides.

Earlier when the cases were taken up, there was doubt whether a request along with a report of the Public Prosecutor was moved before the

Special Court, seeking extension of time for investigation under Section 36A(4) of the NDPS Act. In order to ascertain the same, a report was called

from the court. Following the paragraph from the communication dated 15.07.2021 of the learned Special Judge, NDPS Cases, Thodupuzha is

extracted below:

“All the aforesaid three accused were apprehended and remanded in this case on 21.12.2020. Still they are in custody. So far no final report has

been filed in this crime. No application has been filed till this time u/s.36A(4) of the NDPS Act seeking extension of the period of investigation beyond

180 days.â€​

The report of the learned Judge indicates that even after completion of 180 days, final report is not filed nor any motion has been made seeking

extension of period of investigation as provided under the proviso to sub section(4) of Section 36A of the NDPS Act.

In the light of the above, the petitioners are entitled to be released on bail as a matter of right.

In the result, these the petitioners shall be released on bail on the following conditions:-

i) Petitioners shall execute bond for Rs.50,000/-(Rupees Fifty Thousand only) each, with two solvent sureties each for the like sum to the satisfaction of the

jurisdictional court;

ii) They shall not try to contact or influence the witnesses or tamper with the evidence;

iii) They shall surrender their passports before the Special Court within ten days from the date of release; if they do not possess passport, affidavits shall be filed to

that effect;

iv) They shall not involve in any crime during the period on bail;

v) They shall report before the Investigating Officer on every Saturday between 9 am and 12 noon, until the final report is laid;

vi) They shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19

pandemic;

vii) If any of the above conditions are violated by the petitioners, the jurisdictional court will be a liberty to cancel the bail in accordance with law.

This bail application is allowed as above.