Ajith vs State Of Kerala

A. Badharudeen, J.

This is an application for regular bail filed by accused Nos.1 and 2 in Crime No.368/2022 of Neyyattinkara Police Station, where they alleged to have committed offences under Section 20(b) (ii)B of the Narcotic Drugs and Psychotropic Substances Act.

Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.

The prosecution case in brief is that on 02.04.2022 at about 7.15 p.m, accused Nos.1 and 2 were found in possession of 2.10 kg. of Ganja each while carrying the same in a car bearing Registration No.KL-16-Q 3057 owned by the 1st accused. They were intercepted and the contraband taken into custody. Thereafter, crime registered and the same is on investigation.

It is submitted by the learned counsel for the petitioners/accused that the accused are innocent and they have no involvement in this crime. He also submitted that the petitioners were arrested on 02.04.2022 and have been in custody till now. Highlighting the progress of investigation and the stature of the petitioners as the first time offenders, the learned counsel pressed for granting regular bail.

The learned Public Prosecutor opposed regular bail highlighting the seriousness of the offence alleged to have committed and also the premature stage of investigation.

In this matter, 2.10 kg. of Ganja each, that is, intermediate quantity of the contraband, was recovered from the possession of each accused and thus the prosecution case is well made out, prima facie. However, it appears that the petitioners have no criminal antecedents. Since they have been in custody from 02.04.2022, I am of the view that their further custody for the purpose of investigation not required and, therefore, they can be enlarged on bail on the following conditions:

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

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

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

iv. The petitioners shall not leave the jurisdiction without prior permission of the trial court.

v. The petitioners shall surrender their passport, if any, within 7 days from the date of their release, before the trial court. If they have no passports, they shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

vi. The petitioners 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.