Asharaf vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

Petitioner is the 1st accused in Crime No.1492/2022 of Thrissur Police Station, alleging commission of offences punishable under Sections 20(b)(ii)B and 29 of NDPS Act.

The prosecution allegation is that, on 3.8.2022 at 9.30 pm, the police party detected that the accused possessed 965 gram of hashish oil at Thrissur Thekkinkad Ground, and thus the accused committed the above said offences.

The petitioner submits that he along with other accused had earlier preferred an application for bail before the Sessions Judge, Thrissur. While the said bail application was pending, the police completed the investigation of the above case and filed  the  final  report.The  court  below  had rejected the bail to the petitioner, but allowed the bail to the other accused. It is also submitted that trial in two other cases in which the petitioner is arrayed as an accused could not be effectively defended as the petitioner is in custody in the present case. It is further submitted that the petitioner’s mother is sick and is having 100% permanent disability and to substantiate the same, the petitioner has produced Annexures-A4 and A5. It is further submitted that petitioner is the only one to look after her affairs. It is also submitted that the bail was denied to the petitioner in the instant case on the ground that he is involved in other two similar cases. The court below ignored the fact that the two other cases are scheduled for trial and in both those cases, the petitioner is on bail.

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

Learned public prosecutor seriously opposed the application for bail mainly contending that the contraband seized is 965 gms of Hashish oil which is little less than the commercial quantity of 1 kg. Prosecutor further submits that the petitioner is involved in two other cases of similar nature, i.e.,

Chavakkad Police Station Crime No.2299/2020, u/s 20(b)(II)(C)of the NDPS Act.

Hemambkika Nagar Police Station, Crime No.354/2016, u/s 20(b)(II)(b) of the NDPS Act.

7.The petitioner is in custody from 03.08.2022 onwards. The charge sheet is already laid. The quantity involved is not of a commercial quantity. It is submitted by the petitioner that due to the detention in custody in the present case, he cannot effectively prosecute the other two cases in which he is arrayed as an accused. It is also submitted that the petitioner’s mother is totally bedridden and there is no one to take care of her.

Considering all these aspects into consideration and specifically taking note of his detention from 03.08.2022 onwards and that the final report is already laid, I am inclined to grant bail to the petitioner, but taking note of the serious criminal antecedents, the same shall only be on stringent 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.1492/2022 of Thrissur Town East Police Station, on the 1st Saturday at 11 am of every month for a period of 6 months ;

(iii) The petitioner shall promptly appear before the trial court in the present case, ie., (Crime No. 1492/2022) of Thrissur Town, East Police Station, SC No. 744/2016 and SC No. 836/2021 without fail except specifically exempted from appearance by the trial court.

(iv) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.1492 of 2022 of Thrissur Town East Police Station;

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

(vii) The petitioner shall not leave the State without obtaining permission from the jurisdictional court.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1492/2022 of Thrissur Town East Police Station, may file an application before the jurisdictional court, for cancellation of bail.