Ismael Ganta vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.228 of 2022 of Thadiyittaparambu Police Station, Ernakulam, alleging offences under Sections 8(c), 20(b)(ii)B and C, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

According to the prosecution, 1845 grams of ganja was recovered from the residence of the first accused and subsequently further recovery was also made from other accused persons and thus the accused are alleged to have committed the offences under Sections 8(c), 20(b)(ii)B and C, 27A and 29 of the NDPS Act. The petitioner was arrested on 29.11.2022 from Odisha and was brought to Kerala.

Sri.E.M.Murugan, learned counsel for the petitioner, contended that more than 180 days have elapsed since the petitioner was arrested and no final report has been filed till date. Learned counsel handed over a copy of the order dated 29.05.2023 in respect of accused No.14 in the same crime, who was arrested on 28.11.2022 and released on statutory bail by the Sessions Court, Ernakulam in Crl.M.C.No.1529 of 2023 after recording that final report had not yet been filed. It is also submitted that the petitioner is entitled to be given the same benefit of statutory bail since till date the final report has not been filed.

Sri.P.G.Manu, learned Public Prosecutor, submitted that as per instructions final report has not been filed since there are materials to be collected from outside Kerala.

On a consideration of the circumstances of the case including the order dated 29.05.2023 in Crl.M.C.No.1529 of 2023 of the Sessions Court, Ernakulam, it is evident that the period of 180 days has already expired and that no application under Section 36A(iv) of the Act has been filed by the prosecution.

In view of the aforesaid, the petitioner is entitled to be released on statutory bail 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 before the investigating officer.

(b) Petitioner shall appear before the investigating officer on every Saturday between 9 A.M. and 11 A.M. till filing of the final report.

(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 travel outside Kerala without the permission of the jurisdictional court and shall surrender his passport before the Court. In case he does not possess the passport, he shall file an affidavit to that effect within one week from today.

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.