Arun Das vs State Of Kerala

Viju Abraham, J

Application for regular bail.

The petitioner is the first accused in Crime No 2/2022 of the Kazhakoottam Excise Range Office, alleging commission of offences punishable under Sections 20(b)(ii)(A), and 22(c) of Narcotic Drugs and Psychotropic Substances Act.

The prosecution allegation is that, the 1st petitioner/1st accused was found in possession of 17.36 gms of MDMA and 24.75 gms of Hashish oil in his bag for the purpose of sale in the hall of Flat No 9C of Tivoli Flat Complex, SFS Cyber gateway on the northern side of the Vettu road junction Sainik School at 4.15 pm on 18.3.22 in violation of the provisions of NDPS Act and thereby the accused has committed the aforesaid offences

Petitioner  submits  that  he  was  arrested  on 18.03.2022 and is in custody since then. Petitioner submitted that he is a computer software programmer and has been falsely implicated in the aforesaid crime. Petitioner submitted that several couriers were ordered by the second accused and he never knew what was inside the parcel.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned Public Prosecutor upon instructions submitted that the investigation revealed that the parcel containing the drugs was received by the petitioner.

Petitioner relies on the judgment of this Court in Fasil v. State of Kerala (2023 (3) KHC 212) wherein certain the parameters were laid down for consideration of bail applications in which the rigour of Section 37 is involved. Petitioner submits that he was arrested on 18.3.2022 and is in custody since then and that he has no other criminal antecedents. Petitioner also submits that the trial of the case is not yet commenced, inspite of a specific direction issued by this Court to expedite the trial of the case as per Annexure-A1 order dated 7.11.2022 in B.A.No.6837 of 2022. The quantity involved is 17.36 gms of MDMA and 24.75 gms of Hashish oil.

Considering the facts and circumstances of this case, I am of the opinion that the case of the petitioner will squarely come with the parameters fixed by this Court in Fasil's case supra. Accordingly, the application is allowed on the following conditions:

(i) The petitioner shall execute bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.2/2022 of Kazhakoottam Excise Range Office, on every 1st Saturday at 11 am, till completion of the trial;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.2 of 2022 of Kazhakoottam Excise Range Office;

(iv) The petitioner shall not leave the State of Kerala without obtaining the previous permission from the jurisdictional court;

(v) The Petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.2/2022 of Kazhakoottam Excise Range Office, may file an application before the jurisdictional court, for cancellation of bail.