Anoop @ Chakkara vs State Of Kerala

A. Badharudeen, J.

This is an application for regular bail filed by accused Nos.1 and 2 in Crime No.4/2022 of Neyyattinkara Excise Circle Office, Thiruvananthapuram, where they alleged to have committed offences under Sections 8(C), 20(b)(ii)B r/w 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.

The prosecution case in brief is that on 24.02.2022 at about 9.05 p.m, accused Nos.1 and 2 together carried 4.307 kg. of Ganja in a motor cycle bearing Registration No.KL-19-G 4355 against the provisions contained in the Narcotic Drugs and Psychotropic Substances Act. They were intercepted and nabbed. Further, on recovery of the contraband, crime was registered under Sections 8(C), 20(b)(ii)B r/w 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the same is on investigation.

It is submitted by the learned counsel for the petitioners/accused that the accused are innocent and they have no involvement in this crime. He also submitted that the petitioners were arrested on 24.02.2022 and have been in custody till now. Highlighting the progress of investigation and the stature of the petitioners as first time offenders, the learned counsel pressed for granting regular bail.

The learned Public Prosecutor stoutly opposed regular bail highlighting the seriousness of the offences alleged to have committed by the accused and also the premature stage of investigation.

In this matter, 4.307 kg. of Ganja, intermediate quantity, was recovered from the possession of accused 1 and 2 and thus the prosecution case is well made out, prima facie. However, it appears that the petitioners have no criminal antecedents. Since they have been in custody from 24.02.2022, I am of the view that their further custody for the purpose of investigation is not required and, therefore, they can be enlarged on bail on the following conditions:

i. The petitioners shall be released on bail on their executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court concerned.

ii. The petitioners shall not intimidate the witnesses or tamper with evidence. They shall co-operate with the investigation and shall be available for trial.

iii. The petitioners shall not intimidate the witnesses or tamper with evidence. They shall co-operate with trial and shall be available for trial.

iv. The petitioners shall not leave the jurisdiction without prior permission of the trial court.

v. The petitioners shall surrender their passport, if any, within 7 days from the date of their release, before the trial court. If they have no passports, they shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

vi. The petitioners shall not involve in any other offence during the currency of bail and any such event, if reported to came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.