Anzil N.V vs State Of Kerala

Mohammed Nias C.P., J

The petitioner is the first accused in Crime No.494/2023 of Kondotty Police Station for having committed offences punishable under Sections 21(b) r/w 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The prosecution case is that, on 2.5.2023, at about 8.25 P.M., accused Nos. 1 & 2 were found in possession of 9.4 grams of Heroin meant for sale. The accused were arrested then and there from the spot. Thus, the accused have committed the above offences.

The learned counsel appearing for the petitioner would submit that the petitioner is totally innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 2.5.2023, and the continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

It is brought to notice that by Anx.A-4 order of this Court in B.A.No.1055/2024, the second accused was granted bail.

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, and the fact that he has been in custody from 2.5.2023 and also since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner. It is also to be noted that the second accused, against whom a similar allegation as that of the first accused is raised, has been granted bail. I am inclined to grant bail under such circumstances on the grounds of parity.

Accordingly,  this  application  is  allowed  by  directing  the petitioner to be released on bail on him 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, which shall be subject to the following conditions:

i. The petitioner shall report before the Investigating Officer on alternate Saturdays between 9 a.m. and 10 a.m. For a period of three months or till the final report is filed, whichever is earlier. He shall also appear before the Investigating Officer as and when required;

ii. The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner whatsoever;

iii.The petitioner shall not commit any offence while he is on bail;

iv.The petitioner shall surrender his Passport, if any, before the court below at the time of execution of the bond. If he has no Passport, he shall file an affidavit to that effect before the court below on the date of execution of the bond;

v. In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law;

vi.Applications for deletion/modification of the bail conditions shall be filed and entertained before the court below.

vii.Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail, as laid  down  by  the  Hon'ble  Supreme  Court  in  Sushila Aggarwal v. State of Delhi and another [2020 (1) KHC 663].