Naruram vs State Of Kerala

Viju Abraham , J.

This is an application for Regular Bail.

The petitioner is arrayed as the sole accused in Crime No.45/2022 of Excise Range Office, Palakkad, which is registered alleging commission of offence punishable under Section 18(b) of NDPS Act, 1985.

The prosecution allegation is that, on 05.08.2022 at about 02:15 p.m., the accused was found in possession of 75 grams of opium a narcotic drug. The accused was arrested and the contraband was seized.

I have heard the learned counsel appearing for the petitioner as well as the learned Public Prosecutor.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the above said crime. It is further submitted that the petitioner was arrested on 05.08.2022 and is in custody since then. It is also submitted that the investigation is over and final report is already laid, hence further detention is not required for the purpose of the investigation.

The learned Public Prosecutor opposed the bail application and upon instructions submitted that the petitioner is a native of Rajasthan and if bail is granted to the petitioner, his presence cannot be secured at the time of trail.

The learned counsel for the petitioner would submit that he is prepared to furnish one local surety.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 05.08.2022, I am inclined to grant bail to the petitioner but only 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 and one of the sureties shall be a native of the Kerala State;

(ii) Petitioner shall appear before the investigating officer in Crime No.45/2022 of Excise Range Office, Palakkad, 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. 45/2022 of Excise Range Office, Palakkad;

(iv) The petitioner shall not leave the State without obtaining prior permission of 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.  45/2022 of Excise Range Office, Palakkad, may file an application before the Jurisdictional Court, for cancellation of bail.