Ananthu Thampi vs State Of Kerala

Mohammed Nias C.P., J.

This is the third bail application filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.

The petitioner is the sixth accused in O.R. No. 2/2023 of the Narcotic Control Bureau, Kochi, for having allegedly committed offences punishable under Sections 8(c) r/w Section 20(b)(ii)(A), 22(c), 25, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case is that on 24.4.2023, a consignment from Gurugram, Haryana, reached Kadavanthra in favour of A1 and on a thorough investigation, it was found that A1 to A7 were involved in the dispatch and the transportation of LSD having 5.5 grams. Subsequent to that, A2, A3, A4, A5 and A6 were summoned, and A5 came along with A6 in his car. From this car, 80 grams of ganja was recovered by the NCB officers and thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 25/04/2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition.

While dismissing the second bail application, liberty was given to the petitioner to move the Court concerned seeking discharge and a time limit was also fixed for consideration of the said application. When this application came up last time, the learned counsel appearing for the petitioner submitted there is no sitting in II Additional District Court, Ernakulam (Special Court dealing with NDPS cases). Accordingly, a report was called for wherein it is stated that from 09/08/2023, there was no regular sitting in the Special Court and that charge has been given to the Additional District and Sessions Judge-VI from 24/01/2024, and hence the presiding officer is able to attend only the urgent works of two courts. It is also pointed out that an application has been preferred by the respondents seeking further investigation under Section 173(8) of Cr.P.C.

In view of the circumstances narrated above, and taking note of the fact that all other accused in this case had been granted bail, and also since there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, I am inclined to grant bail to the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on 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; one of the sureties shall be a parent or close relative of the petitioner;

(ii) The petitioner shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m. for three months and thereafter as directed by the Investigating Officer.

(iii) The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence;

(iv) The petitioner shall not commit any offence while on bail;

(v) The petitioner shall not leave the State of Kerala without the prior permission of the Court having jurisdiction;

(vi) The petitioner shall not leave India without the permission of the jurisdictional Court and, if he has a passport, shall deposit the same before the Trial Court within a week. If the release of the passport is required at a later period, the petitioner shall be at liberty to move appropriate applications for the same before the Court having jurisdiction.

(vii) The petitioner shall furnish his present address along with his mobile number to the Court concerned as well as to the investigating officer.

(viii) In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.