Basheer vs State Of Kerala

Mohammed Nias C.P., J

The petitioner is the accused in Crime No. 570/2023 of Kolathur Police Station, for having committed offence punishable under Section 20(b)(ii)B of the NDPS Act.

The allegation against the petitioner is that, on 9.7.2023 at 1.10 A.M., at Onappuda Pulamanthole road, the petitioner was found in possession of 1.2 Kg of ganja for sale.

The learned counsel appearing for the petitioner would submit that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that, the petitioner is in custody from 9.7.2023 and the continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition and points out that the petitioner is not entitled to bail. The Prosecutor submits that the accused is involved in an offence under the IPC, though there are no antecedents under the NDPS Act.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the offfences committed by the petitioner and the fact that he is in custody from 9.7.2023 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. Accordingly, this application is allowed, and the petitioner is granted bail, subject to the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall report before the Investigating Officer every Saturday between 9 A.M. and 10 A.M. till the final report is laid;

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

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

(v) If any of the conditions is violated, the court concerned will be empowered to take steps for cancellation of bail, as per law;