Jacob Philip vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioners are arrayed as accused Nos.1 and 2 in Crime No.28 of 2022 of Excise Range Office, Palakkad registered alleging commission of offences punishable under Sections 20(b)(ii)(B), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “NDPS Act”).

The prosecution case is that on 03.06.2022 at 04.30 a.m., the petitioners were seen sitting in a car bearing registration No.KL-05 AA 1551, possessing 11.6 kgs of ganja and were arrested by the police near Walayar toll plaza in Palakkad National Highway and thereby committed the offences as alleged.

Petitioners submitted that they were arrested on 03.06.2022 and are in custody since then. Petitioners have a specific case that they were falsely implicated and they went to Coimbatore to purchase spare parts and other accessories for the houseboat owned by the father of the 1st accused.

Learned Public Prosecutor opposed the application for bail mainly contending that large quantity of ganja was seized and both the petitioners have criminal antecedents. The learned Public Prosecutor also submitted that this court has earlier considered the bail application filed by the petitioners and has rejected the same as per Annexure A2 order. To this learned counsel for the petitioners would submit that the investigation is over and charge sheet is already laid. Learned Public Prosecutor upon instructions endorsed the said fact.

Considering the facts and circumstances of the case and considering the fact that they are in custody from 03.06.2022 and further that the investigation is over and the charge sheet is laid, I am inclined to grant bail to the petitioners but on stringent conditions.

(i) The petitioners shall execute a bond for 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) They shall appear before the investigating officer in Crime No.28 of 2022 of Excise Range Office, Palakkad on all Saturdays at 11.00 a.m. for a period of three months and thereafter as and when required.

(iii) They shall not leave Kerala State without getting permission from Jurisdictional Court.

(iv) They shall surrender their passport before the jurisdictional court. If the petitioners do not have a passport, they shall file an affidavit to that effect before the jurisdictional court within a period of one week from the date of release on bail.

(v) They shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(vi) They shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.28 of 2022 of Excise Range Office, Palakkad may file an application before the jurisdictional court, for cancellation of bail.