Ashik Latheef vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

The petitioner is the 1st accused in Crime No.414/2022 of Fort Kochi Police Station, Ernakulam alleging commission of offences punishable under Sections 20(b)(ii)B, 25 and r/w Section 29 of the NDPS Act.

Prosecution case is that, the accused persons in furtherance of their common intention had been found to be in possession of 141.584 grams of Hashish oil without any authority kept in a car bearing Registration No.KL-07-CH-8015 and in the pants pocket of the accused persons on 22.04.2022 at 7.30 PM, as intercepted by the Sub Inspector of Police, Fort Kochi.

The learned counsel for the petitioner submitted that, the petitioner was falsely implicated in the above crime and he is already arrested and remanded to judicial custody on 22.04.2022 and also contended that the contraband found in possession of the petitioner is intermediate quantity.

The learned Public Prosecutor seriously opposed the application for bail and further submitted that the investigation revealed that the contraband article was kept for sale by the petitioner and also contended that another crime was registered against  the  petitioner as Crime  No.738/2018 of Kasaragod Police Station.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 22.04.2022 onwards, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only)each 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.414/2022 of Fort Kochi Police Station, Ernakulam, on every Saturday at 11 am until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or any witness in CR. No.414/2022 of Fort Kochi Police Station, Ernakulam ;

(iv) 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;

(v) 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. 414/2022 of Fort Kochi Police Station, Ernakulam may file an application before the jurisdictional court, for cancellation of bail.