Antony.P.T vs State Of Kerala

Mohammed Nias C.P., J

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

The petitioner is the first accused in Crime No. 88/CBCU-II/EKM/D/2021 of Crime Branch Central Unit-II, Ernakulam, for having committed offences punishable under Sections 417, 370 & 34 IPC & 22(c), 27A & 29 of the Narcotic Drugs and Psychotropic Substances Act,1985.

The allegation against the petitioner is that the accused, with an intention to cheat the defacto complainant, entrusted a bag with drugs and sent the defacto complainant to Kuwait. When the defacto complainant reached Kuwait, the Kuwait police arrested the defacto complainant and prosecuted him, which resulted in his being awarded a life sentence, and thus the accused is alleged to have committed offences.

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 13/07/2023, and continued custody of the petitioner is unnecessary. It is pointed out that the first accused was arrested on 13.7.2023, when the seizure was on 6.1.2018, and the quantity involved is also of intermediate level; therefore, the bar under Section 37 of the NDPS Act does not apply.

The learned public prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the allegations against the petitioner, the quantity involved, the fact that he has been in custody since 13/07/2023, that there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, that no other criminal antecedents reported against the petitioner. I am inclined to grant bail under such circumstances. 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.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 report before the Investigating Officer every Saturday between 9 a.m. and 10 a.m. till the final report is laid;

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iv) The petitioner shall not be involved in any other crime while on bail.

(v) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.