Akibul Islam vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The Petitioner is the sole accused in Crime No.57/2022 of Excise Range Office Kothamangalam, Ernakulam district alleging commission of offence punishable under Section 21(b) of the Narcotic and Psychotropic Substances Act, 1985.

The prosecution allegation is that, on 26.10.2022 at about 11.45 P.M., the accused was found in possession of 11 grams of heroin at Kothamangalam bus stand and thereby the accused has committed the alleged offence.

The petitioner submitted that he was arrested on 26.10.2022 and that the investigation is practically over and his further detention is not required for the purpose of investigation. Petitioner further submitted that he has no other criminal antecedents.

The learned Public Prosecutor seriously opposed the application for bail mainly contending that large quantity of heroin was found in possession of the petitioner and further that the petitioner is a person hailing from the State of Assam and if bail is granted his presence cannot be secured at the time of trial, to which the learned counsel for the petitioner would submit that the petitioner is ready to furnish local sureties.

Considering the fact that petitioner is in custody from 26.10.2022, I am inclined to grant bail to the petitioner, but taking note of the apprehension raised by the learned Public Prosecutor, the same shall only be on stringent conditions.

In the result, the bail application is allowed and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court; the sureties shall be from State of Kerala.

(ii) The petitioner shall appear before the investigating officer in Crime No.57/2022 of Excise Range Office Kothamangalam on all Saturdays at 11.00 a.m. till completion of the trial;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime;

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

(v) The petitioner shall not leave the State of Kerala without obtaining prior permission from the jurisdictional Court.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. Crime No.57/2022 of Excise Range Office Kothamangalam may file an application before the jurisdictional court, for cancellation of bail.