Ajith vs State Of Kerala

A. Badharudeen, J

The sole accused in crime NO. 18/2022 of Kothamangalam Excise Range canvasses Regular Bail in this petition filed under Section 439 of Cr.PC.

Heard the learned Counsel for the petitioner and the learned Public Prosecutor.

The case of the prosecution is that the accused herein was found in possession of 12.435 Kg of dry ganga for the purpose of illicit sale. While transporting the same in an Autorikshaw on 18.03.2022 at about 1.50 pm, he was intercepted and the contraband taken to custody. Thereafter crime alleging commission of offences punishable under Sections 20(b)(ii)(B) & 25 of NDPS Act was registered and is on investigation.

The learned Counsel for the petitioner submitted and the entire allegations are false. He also submitted that the petitioner has been in custody from 18.03.2022 and the investigation is practically over. It is further submitted that the petitioner has not criminal antecedence and he is ready to co-operate with the investigation and trial.

Learned Public Prosecutor opposed the bail highlighting the seriousness of the offences alleged to be committed. However it is also submitted that no criminal antecedence is reported in so far as the petitioner is concerned. The RC book of the autorikshaw is not so far identified as per the submission made by the learned Public Prosecutor.

On perusal of the materials available, it is seen that the investigation is practically over and there is no reason to detain the petitioner in custody, further, who has no criminal antecedence. Therefore he can be enlarged on bail on conditions.

i. The petitioner shall be released on bail on him executing bond for Rs.30,000/- (Rupees Thirty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Magistrate Court concerned.

ii. The petitioner shall co-operate with COVID-19 restrictions.

iii. The petitioner shall not intimidate the witnesses or tamper with evidence. They shall co-operate with the investigation and shall be available for trial.

iv. The petitioner shall appear before the Investigating Officer as and when directed.

v. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

vi. The petitioner shall surrender his passport, before the trial court while executing the bond and if he has no passport, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

vii. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported to came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.