Anzar vs State Of Kerala And Ors

These two Bail Applications are filed under Section 439 of Criminal Procedure Code were heard through Video Conference.

These two bail applications are connected and therefore, I am disposing these two bail applications by a common order. The petitioner in B.A.

No.3638/2021 is the second accused and the petitioner in B.A. 3618 of 2021 is the fourth accused in Crime No.22 of 2021 of Ernakulam Excise

Enforcement & Anti-narcotics Squad.

The prosecution case is that on 11.04.2021 at 12.50 a.m., at Hotel Holiday Inn, the accused was found in possession of 1.6102 gm of MDMA and

50 gm of ganja in violation of the NDPS Act.

Heard the counsel for the petitioners and the Public Prosecutor. The counsel for the petitioners submitted that only ganja is seized from these

petitioners. The quantities alleged to be seized is only a small quantity. The counsel submitted that the petitioners are innocent and they are ready to

abide any conditions if this Court grant them bail. The Public Prosecutor after instructions submitted that there is no antecedents reported against the

petitioners. The Public Prosecutor submitted that the ganja is seized from the petitioners but MDMA is seized from other accused. Considering the

quantity of contraband seized from the petitioners, I think these bail applications can be allowed on stringent conditions.

Admittedly, the petitioners are in custody from 11.4.2021 onwards. It is true that the allegations against the petitioners are very serious. But

considering the fact that the petitioners are in custody from 11.4.2021 onwards, I think these bail applications can be allowed on stringent conditions.

Moreover, the 2nd wave of COVID-19 is spreading in the country and the citizens are facing serious difficulties. In the state of Kerala, the 2nd

wave of the pandemic is creating lot of problems and even the day-to-day life of the citizens are affected. Everyday, about 25,000 people are tested

positive with COVID-19. In such circumstances, this Court has to consider this fact also while considering bail applications. The life is more important

than anything. Therefore, I am considering this bail application based on the above pandemic situation.

Moreover, considering the need to follow social distancing norms inside prisons so as to avert the spread of the novel Corona Virus Pandemic, the

Hon'ble Supreme Court in Re: Contagion of COVID-19 Virus In Prisons case (Suo Motu Writ Petition(C) No.1 of 2020) and a Full Bench of this

Court in W.P(C)No.9400 of 2020 issued various salutary directions for minimizing the number of inmates inside prisons. These happened during the

1st wave of COVID-19 season.

Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram. P v

Directorate of Enforcement (2019 (16) SCALE 870), after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail

remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing

fair trial.

Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed

with the following directions:

Petitioners shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) each with two solvent sureties each for the

like sum to the satisfaction of the jurisdictional Court.

The petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners shall co-operate with the

investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the Court or to any police officer.

Petitioners shall not leave India without permission of the jurisdictional Court.

Petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are

suspected.

The petitioners shall strictly abide by the various guidelines issued by the State Government and Central Government with respect to keeping of

social distancing in the wake of Covid 19 pandemic.

If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is

granted by this Court.