Kursita Kandha vs State Of Kerala

Mohammed Nias C.P., J

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

The petitioners are accused Nos.1 & 2 in Crime No.49/2023 of Excise Enforcement and Anti Narcotic Special Squad, Ernakulam, for having committed offences punishable under Section 20(b)(ii)B & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution case is that on 07/07/2023 at about 6.35 PM, while the Excise Enforcement and Anti Narcotic Special Squad, along with officials of RPF and RPF Crime Intelligence Bureau were conducting an inspection at Ernakulam South Railway Station and the platform, accused No 1 & 2 get off from Dhanbad Express which arrived at platform No 4 and was looking for someone. Feeling suspicious about their activities, the Excise officials followed them; the petitioners travelled through the platform, reached near the prepaid auto counter and waited for someone. After some time, a tall person came to the place and handed over the money to the petitioners, and the petitioners gave 2 bags to him. At that point of time, Excise officials intervened and questioned the petitioners, they revealed that 2 bags contained Ganja, and the third person who came there gave money, and he was trying to purchase the same. The accused thereby committed the above offences.

The learned counsel appearing for the petitioners would say that the petitioners are innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioners have been in custody since 07.07.2023, and continued custody of the petitioners is unnecessary.

The learned Public Prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioners and the learned Public Prosecutor and considering the quantity of contraband involved and taking into account the fact that they have been in custody since 07.07.2023 and that no other antecedents are reported against the petitioners, I am inclined to grant bail.

Accordingly, this application is allowed, and the petitioners are granted bail subject to the following conditions:-

1.The petitioners shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction;

Both sureties shall be natives of Kerala;

3.The petitioners shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m. for three months and thereafter as and when directed to appear.

4.They shall not intimidate or attempt to influence the witnesses, nor shall tamper with the evidence or do anything that might adversely affect the trial;

5.They shall not commit any offence while on bail;

6.They shall not leave the State of Kerala without the permission of the Court having jurisdiction;

7.They shall surrender their passports, if any, within seven days from the date of their release before the Court concerned, and if the release of the passport is required at a later period, the petitioners shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If the petitioners have no passport, they shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter.

8.They shall furnish their present addresses and mobile numbers to the Court concerned and the investigating officer.

In case of  violation of  any  of  the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.