Nidin Antony vs State Of Kerala

P.G. Ajithkumar, J

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

The petitioner is the 2nd accused in SC No.269/2023 pending before the Ist Additions Sessions Court, Ernakulam (Crime No.28/2021 of Excise Enforcement and Anti Narcotic Special Squad, Ernakulam). He allegedly had committed the offences punishable under Sections 8(c), 20(b)(ii)B and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The prosecution allegation is that, the petitioner together with the 1st accused possessed 16.315 Kg of dry ganja.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

It is seen from Annexure-A5 order that the petitioner was initially granted bail in this case, and while on bail, he involved in another crime of similar nature. Since he failed to appear before the Court, a warrant was issued, and eventually his presence was obtained. It is seen that the bail granted earlier to the petitioner in this case was not cancelled as provided in Section 439(2) of Cr.P.C. On account of his failure to appear before the Court on the date of postings, the bond stood forfeited. However, since the petitioner has been in jail during that period in connection with another case, it cannot be said that he purposefully avoided his appearance before the Court. The 1st accused is already on bail. In the said circumstances, I am of the view that the petitioner can be granted bail subject to conditions.

In the result, the bail application is allowed and the petitioner is granted bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:

(i) The petitioner shall not leave the local limits of Sessions Court, Ernakulam without obtaining permission from the trial court;

(ii) He shall surrender his passport before the trial court and in case he does not have a passport, he shall file an affidavit to that effect;

(iii) He shall not influence or intimidate witnesses or tamper with evidence;

(iv) He shall appear before the investigating officer as and when called for; and

(v) During the bail period, he shall not get involved in any offence.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.