Bijo Joseph vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail under section 439 of the Code of Criminal Procedure 1973.

Petitioner is the accused in Crime No.14 of 2023 of the Excise Range Office, Ernakulam district. The offences alleged against the petitioner are under section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

According to the prosecution, on 10.03.2023 at 3.05 p.m., when a search was conducted by the Excise Range Inspector and the officials of the Railway Crime Intelligence found the petitioner to be in possession of 4.050 kgs of ganja at Ernakulam town railway station and he, thereby committed the offences alleged.

I have heard Sri. Manu Tom, the learned counsel for the petitioner and Smt.Neema T.V., the learned Public Prosecutor.

On a consideration of the submissions made by the learned counsel for the petitioner as well as the learned Public Prosecutor, it is noticed that petitioner has been in custody from 10.03.2023 and the investigation has already been completed and the final report filed on 27.04.2023.

Taking into consideration, the period of detention already undergone, apart from the quantity of the contraband found in possession of the petitioner, being one of intermediate quantity, I am of the view that petitioner can be released on bail on strict conditions.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall participate in the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave the State of Kerala without the permission of the jurisdictional Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.