Laibu K.Sabu vs State Of Kerala

A.Badharudeen, J

This is an application for regular bail filed by the petitioner, who is the sole accused in Crime No.24/2023 of Ettumanoor Police Station, Kottayam under Section 439 of the Code of Criminal Procedure, wherein he alleged to have committed offences punishable under Sections 8(c) and 22(b) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as `NDPS Act' for short).

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Meticulously gone through the relevant documents.

The prosecution allegation is that at 07.45 p.m on 05.01.2023, the accused herein possessed 11.780 kg. of ganja in 6 packets in the dicky of car bearing Registration No.KL05 AE 2066, parked at the yard of one Cyriac John in Mudiyoorkara Village. He was nabbed and the contraband also was taken into custody. Pursuant to recovery of the contraband, crime was registered for offences punishable under Sections 8(c) and 22(b) of the NDPS Act and the same is on investigation.

While pressing for regular bail to the petitioner, who has been in custody, the learned counsel for the petitioner would submit that the petitioner is innocent. According to him, the allegations are false and the petitioner is a first time offender. It is submitted further that taking note of his custody from 06.01.2023 onwards, he is liable to be released on bail.

Whereas the learned Public Prosecutor zealously opposed bail on the ground that very serious offences are alleged against the petitioner and, therefore, the petitioner is not liable to be released on bail at the primitive stage of investigation. He also pointed out that the investigation to find out the source of the contraband is going on and in the meantime if the petitioner will be released, the investigation would be in peril.

On perusal of the case diary placed by the learned Public Prosecutor, it could be gathered that intermediate quantity of contraband was seized from the possession of the accused and the prosecution case is well made out prima facie. Hence the contention raised by the learned counsel for the petitioner regarding the absolute innocence of the petitioner could not be justified at all. However, taking note of the fact that the investigation has achieved much progress and the petitioner is a first time offender, who has been in custody for the last 68 days, involving intermediate quantity, the petitioner can be released on bail on the following conditions:

i. Accused/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 jurisdictional court concerned.

ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of two months and also appear before the Investigating Officer as and when directed.

iii. Accused/petitioner shall not leave India without prior permission of the jurisdictional court.

iv. The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial court. If he has no passports, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

v. Accused/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.