Bathisha vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioners are accused Nos. 2 & 3 in Crime No.546/2022 of Ponnani Police Station, Malappuram District, alleging commission of offences punishable under Sections 20(b)(ii) (B) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution allegation is that, on 20.08.2022 at about 21.00 Hrs., in the residential house of the 1st accused, the Police conducted a search and seized 8.025 Kgs of ganja which was kept for sale. On the custodial confession made by the 1st accused, the petitioners herein were arrested.

The learned counsel for the petitioners submitted that the petitioners were arrested on 01.09.2022 and that they are in custody since then. It is also submitted that the petitioners have been falsely implicated in the above said crime and that the investigation is over and therefore, further detention of the petitioners is not required for the purpose of investigation. Petitioner submits that the contraband involved is not a commercial quantity and the alleged contraband was seized from the possession of the 1st accused and the petitioners were arrayed as accused only on the basis of the statement given by the 1st accused. Petitioners further submits that the 1st accused has already been granted bail as per Annexure 4 order in B.A. No. 10459/2022.

The learned Public Prosecutor seriously opposed the application for bail mainly contending that the petitioners are involved in the sale of narcotic drugs and further that the 1st accused in this case is involved in five other cases, one of which is registered under the provisions of the NDPS Act, whereas the 2nd accused is involved in four other cases for the offences punishable under the NDPS Act and the 3rd accused is involved in three other criminal cases, of which, two are registered for the offences punishable under the NDPS Act. It is further submitted that the bail application of the petitioners was rejected earlier as per Annexure 3 order.

Petitioners  are  accused  nos.  2  and  3  and  they  are arrested on 01.09.2022. Alleged contraband was seized from the possession of the 1st accused and the petitioners are arrayed as accused based on the confession statement of the 1st accused. The 1st accused was granted bail by this Court as per Annexure 4 order. Even though the petitioners are involved in other NDPS cases, those are all of small quantity. Considering the facts and circumstances of the case and taking into consideration the continued detention of the petitioners for long, and that the charge sheet has been laid, and further that the 1st accused is already granted bail, I am inclined to grant bail to the petitioners on the following stringent conditions:

(i) The petitioners shall execute a 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) The petitioners shall appear before the investigating officer in Crime No. 546/2022 of Ponnani Police Station, Malappuram on every Saturday at 11.00 a.m. for a period of 6 weeks.

(iii) The petitioners shall not attempt to influence or intimidate any witness in Crime No. 546/2022 of Ponnani Police Station, Malappuram;

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

If any of the aforesaid conditions are violated, the Investigating Officer in Crime No. 546/2022 of Ponnani Police Station, Malappuram may file an application before the jurisdictional Court, for cancellation of bail.