Hasanur Seikh vs State Of Kerala

Mohammed Nias C.P., J.

The petitioner is the accused in Crime No. 9/2024 of Ponnani Excise Range Office, Malappuram District for having committed offences punishable under Sections 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act.

The allegation against the petitioner is that, on 28.02.2024 at about 2.00 p.m., at Kalachal Desom, the petitioner was found in possession of 3.03 Kg of ganja.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 28.02.2024, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the allegations against the petitioner and the fact that only 3.03 Kgms of ganja was seized, there being no antecedents reported against the petitioner, final report has already been filed, there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond and also the fact that he has been in custody from 28.02.2024, I am inclined to allow the bail application.

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 not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iii). The petitioner shall not be involved in any other crime while on bail.

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