Jochan Michael vs State Of Kerala

A. Badharudeen, J

Regular bail application filed under Section 439 of the Code of Criminal Procedure by accused No.1 in crime No.103/2023 of Vandanmedu police station, Idukki, is the crux of this petition.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

I have perused the relevant documents form part of the case diary placed by the learned Public Prosecutor.

The prosecution allegation is that at about 3.30 hours on 08.02.2023, accused Nos.1 and 2 transported 4 kg of Ganja, after concealing the same in the bonnet of a car bearing registration No.KL 6 E 3456. They were intercepted, and the contraband was recovered. Thereafter, the accused were arrested. Pursuant to recovery and arrest, crime alleging commission of offences punishable under Sections 20(b)(ii)B and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, was registered.

The learned counsel for the petitioner would submit that the petitioner is innocent and the allegations are false. It is pointed out that the petitioner has been in custody from 08.02.2023 and the investigation has achieved much progress. Therefore, the petitioner may be released on bail and he is ready to co-operate with the investigation and trial.

The learned Public Prosecutor opposed grant of bail, highlighting red handed recovery of contraband at the instance of the petitioner. It is submitted that the investigation is at an extreme primitive stage. Therefore, immediate release of the petitioner would halter the investigation.

On perusal of the available materials, red handed recovery of 4 kg of Ganja while accused Nos.1 and 2 were transporting the same in a car bearing registration No.KL 6 E 3456 could be noticed, prima facie. Therefore, the allegation of the prosecution as to commission of the above offences by the petitioner is well made out, prima facie. However, the petitioner has no criminal antecedents, as per the report of the Investigating Officer. Further, the available records would go to show that the investigation substantially improved and the further custody of the petitioner, for the purpose of investigation, is not necessary. Therefore, I am inclined to enlarge the petitioner on bail, on conditions and one among the conditions is that, the petitioner shall not involve in any other offence during the currency of bail hereby granted and any such event, if reported or came to the notice of this court, the same by itself shall be a reason to cancel the bail hereby granted.

Therefore, this petition stands allowed. The petitioner is enlarged on bail on conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Special court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The petitioner shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Mondays between 9 am and 10 am, for a period of two months.

iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioner shall surrender his passport before the Special Court on the date of execution of the bail bond or within ten days therefrom, with special permission of the Special Court. If the petitioner has no passport, he shall file an affidavit to that effect, instead of surrendering passport, within the stipulated time.

vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.