Liyo D.John vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

The petitioner is the sole accused in Crime No.21/2022 of Excise Range Office, Kottarakkara, Kollam alleging commission of offences punishable under Sections 20(b)(ii) A and 22 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution allegation is that, on 15.10.2022, at about 1.30 PM, at the compound of the KSRTC stand of Kottarakkara, the police seized 2 gms of Hashish oil, 20 gms of Ganja and 2.15 gms of MDMA from the possession of the petitioner and thereby committed the aforesaid offences.

The learned counsel for the petitioner submitted that the petitioner is falsely implicated in the above said crime and he is in custody from 15.10.2022 onwards. In fact the contraband was seized not from the possession of the petitioner but from a cover in the premises of the KSRTC bus stand, Kottarakkara. It is further submitted that the petitioner has no other criminal antecedents.

The learned Public Prosecutor seriously opposed the application for bail mainly contending that 2 gms of Hashish oil, 20 gms of Ganja and 2.15 gms of MDMA was seized from the possession of the petitioner. It is further submitted that the petitioner has no other criminal antecedents.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 15.10.2022 and that the petitioner has no other criminal antecedents, I am inclined to grant bail to the petitioner but taking into consideration the seriousness of the allegation the same shall only be on stringent conditions :

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court ;

(ii) Petitioner shall appear before the investigating officer in Crime No.21/2022 of Excise Range Office, Kottarakkara, Kollam on every Saturday at 11 am until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.21/2022 of Excise Range Office, Kottarakkara, Kollam ;

(iv) The petitioner shall not leave the State of Kerala without obtaining prior permission from the jurisdictional Court ;

(v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.21/2022 of Excise Range Office, Kottarakkara, Kollam may file an application before the jurisdictional court, for cancellation of bail.