Christopher Joyal vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the 3rd accused in Crime No. 100 of 2022 of Munambom Police Station, Ernakulam District, alleging commission of offences under Sections 20(b)(II)(B), 25 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act”).

The allegation against the petitioner is that on 22.01.2022, the petitioner along with the other accused was found in possession of 173 grams of Hashish oil and thereby, he committed the offences under the aforesaid provisions of law.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner was only an innocent passenger and no contraband has been recovered from the possession of the petitioner. It is further submitted that the petitioner has been falsely implicated in the crime. It is also submitted that apart from the allegation of commission of offence under Section 325 of the Indian Penal Code, the petitioner has no criminal antecedents. Lastly, it is submitted that the petitioner has been in custody for 56 days and that his continued detention is not necessary for the purpose of any investigation.

The learned Public Prosecutor opposes grant of bail. It is submitted that some of the accused have serious criminal antecedents including cases registered under the NDPS Act. It is further submitted that if the petitioner is released on bail, there is every chance of repeating similar offences in future. It is further submitted that the investigation has progressed and a final report is likely to be filed soon.

Having regard to the facts and circumstances of the case and taking into account of the nature of allegations against the petitioner and also taking into account the fact that the petitioner has been in custody for 56 days and on completion of 60 days in custody (if a final report is not filed till then), he would be entitled to statutory bail, I am of the view that the petitioner can be granted bail, subject to conditions.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(a)The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(b) Petitioner shall appear before the investigating officer in Crime No. 100 of 2022 of Munambom Police Station, Ernakulam District, every Saturday at 11.00 am until further orders;

(c)The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No. 100 of 2022 of Munambom Police Station, Ernakulam District;

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

If any of the aforesaid conditions is violated, the investigating officer in Crime No. 100 of 2022 of Munambom Police Station, Ernakulam District, may file an application before the jurisdictional court for cancellation of bail.