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Judgment
13 paragraphs · 370 wordsViju Abraham, J.
This is an application for regular bail.
The Petitioner is the 1st accused in Crime No. 922/2022 of Perinthalmanna Police Station, Malappuram District, alleging commission of offences punishable under Section 20(b)ii(B) r/w Section 29 of the Narcotic Drugs and Psychotropic Substances Act.
The prosecution allegation is that on 14.08.2022 at 03:50 PM, near Perinthalmanna Manazhi Bus Stand, the accused were found in possession of 9.9 Kgs of ganja for sale and thereby committed the above offences.
The learned counsel for the petitioner submitted that he is totally innocent of the charges levelled against him and has no other criminal antecedents. It is also submitted that the petitioner is in custody from 14.08.2022 and his further detention is not required for the purpose of the investigation.
The learned Public Prosecutor opposed the application for bail mainly contending that petitioner is found in possession of 9.900 Kgs of ganja, but submitted that petitioner is not involved in any other case.
Considering the facts and circumstances of the case and nature of allegation and that the petitioner is in custody from 14.08.2022, I am inclined to grant bail to the petitioner, but only 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;
(ii) The petitioner shall appear before the investigating officer in Crime No. 922/2022 of Perinthalmanna Police Station on all Saturdays at 11 am, until further orders;
(iii) The petitioner shall not leave the State of Kerala without obtaining prior permission of the jurisdictional court.
(iv) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No. 922/2022 of Perinthalmanna Police Station;
(v) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No. 922/2022 of Perinthalmanna Police Station, may file an application before the jurisdictional court, for cancellation of bail.