Naresh Pradhan vs State Of Kerala

Mohammed Nias C.P., J

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

The petitioner is the accused in Crime No. 116/2018 of EE and ANSS, Wayanad, for having committed offences punishable under Sections 20(b)(ii)(B) of the NDPS Act.

The allegation against the petitioner is that he was found in possession of 2 kg of Ganja for sale on 11.11.2018 at 1.30 p.m. near the parking ground of hotel Vrindhavan Beer Parlour situated in Kalpetta town and thereby committed the aforesaid offences.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives.

The learned public prosecutor opposed the petition and pointed out that the petitioner is not entitled to bail.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am inclined to grant bail though this application is opposed by the learned Public Prosecutor because he absconded earlier after getting bail. learned counsel for the petitioner submits that the case was initially at Special Court, Vadakara, and thereafter transferred to the Special Court, Kalpetta, which is why he could not appear before the court. It is also submitted that by order dated 17.08.2023, interim bail was granted to the petitioner with a direction to report back on 01.09.2023. In compliance with the order of this Court, the accused surrendered on 01.09.2023. Though the trial has commenced, it will take some time for its completion. Considering the fact that the petitioner was earlier granted bail by the Special Court on 17-01-2019, I deem it fit to grant bail to the petitioner.

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

(i) The petitioners shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court. It is directed that one of the sureties shall be from the State of Kerala.

(ii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

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

(iv) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;