Amal Sreedharan vs State Of Kerala

Mohammed Nias C.P., J

The petitioner is the second accused in Crime No.663/2023 of Iritty Police Station for having committed offences punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The prosecution case, in brief, is that, on 15.6.2023, at about 2 P.M., the police seized 74.20 grams of Methamphetamine from the first accused. Subsequently, two other accused were added to the crime. Thus, the accused have committed the above offences.

The learned counsel appearing for the petitioner would submit that the petitioner is totally innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 15.6.2023, and the continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

It is seen that by orders dated 8.1.2024 in B.A.No.10203/2023, the first accused, from whom the contraband was seized, was granted bail. Though the said order notes that the second accused was granted bail, the same is factually incorrect as the second accused was only granted an interim bail on medical grounds. However, taking note of the fact that the accused, from whose custody the contraband was seized, was granted bail and that the second accused was roped in allegedly on the confession of the first accused, I am inclined to grant bail to the petitioner herein (the second accused).

Accordingly, this application is allowed by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

i. The petitioner shall report before the Investigating Officer on alternate Saturdays between 9 a.m. and 11 a.m. for a period of three months or till the final report is filed, whichever is earlier. He shall also appear before the Investigating Officer as and when required;

ii. The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner whatsoever;

iii.The petitioner shall not commit any offence while he is on bail;

iv.The petitioner shall surrender his Passport, if any, before the court below at the time of execution of the bond. If he has no Passport, he shall file an affidavit to that effect before the court below on the date of execution of the bond;

v. In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law;

vi.Applications for deletion/modification of the bail conditions shall be filed and entertained before the court below.

vii.Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail, as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State of Delhi and another [2020 (1) KHC 663].