Aneesh vs State Of Kerala

Viju Abraham , J

This is an application for regular bail.

The Petitioner is the 1st accused in Crime No. 447/2021 of Nemam Police Station, Trivandrum District alleging commission of offences punishable under Sections 20(b)(ii)C and 29 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution allegation against the petitioner is that 23.45 kgs ganja was seized on 28.03.2021 from the boot of the car in which the petitioner was travelling along with the 2nd accused.

The petitioner submits that he is in custody from 28.03.2021 onwards and that he has been falsely implicated. Petitioner further submits that he has no other criminal antecedents. Petitioner also submits that he has approached this Court earlier and this Court by Annexure A3 order declined to grant bail but directed the trial Court to expedite the trial of the case and complete the same at the earliest preferably within a time limit of eight months. Petitioner submits that though eight months time was granted by this Court to complete the trial, the same has not yet started.

I have called for a report from the trial Court concerned regarding the present stage of the case, wherein it is reported that the trial of case has not yet commenced due to work constraints. The trial Judge has further reported that he is placed with additional charge of the Court and that a full time Judge is yet to assume charge. It is also reported that the charge against accused has not yet framed and read over and it may take some more time to dispose of the case.

Petitioner submits that he is entitled for bail on the strength of the order passed by this Court in Fasil Vs. State of Kerala [2023 (3) KHC 212] wherein this Court has formulated parameters for the grant of bail in cases where rigour of Section 37 of the NDPS Act is applicable. Petitioner submits that he satisfies all the parameters laid down by this Court in Fasil’s case cited supra in as much as he is in custody from 28.03.2021 and that he has no other criminal antecedents. A report of the trial Court also show that there is no chance for a completion of the trial in the near future.

Heard the learned Public Prosecutor also.

Taking all these aspects into consideration and in the light of the judgment of this Court in Fasil’s case supra, I am inclined to grant bail to the petitioner.

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 not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall appear before the Investigating Officer on every Monday in between 9 a.m. and 12 noon for a period of two months and also appear before the Investigating Officer as and when directed.

(iii) The petitioner shall not leave India without prior permission of the jurisdictional Court.

(iv) The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial Court. If he have no passport, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

(v) The petitioner shall not involve or indulge in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same alone shall be a reason to cancel the bail hereby granted.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 447/2021 of Nemam Police Station, may file an application before the jurisdictional court, for cancellation of bail.