Niranjan. B vs State Of Kerala

A.Badharudeen, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, by the 2nd accused in Crime No.1928/2022 of Ettumanur Police Station, Kottayam.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

I have perused the relevant documents form part of the case diary, placed by the learned Public Prosecutor.

The prosecution case in brief is that, at about 11.32 p.m, on 22.11.2022, when the Sub Inspector of Police, while on patrolling duty, searched room No.106 in S & S Lodge near KSRTC bus stand Ettumanur, on information that the accused herein possessed contraband in the said room. On search, 2.36 grams of MDMA was seized from the pocket of the 1st accused and he was nabbed. Thereafter, the investigation revealed that the 2nd accused along with the 1st accused, jointly took the above said room for the purpose of dealing with narcotic drugs and accordingly, he also got arrayed as the 2nd accused. Accordingly, the petitioner’s arrest, who has been in custody in crime No. 65/2023 Ernakulam North Police Station, was recorded on 23.11.2023. On the above facts, prosecution alleges commission of offences punishable under Section 22(b) r/w 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The learned counsel for the petitioner urged that, there is no materials available to show the complicity of the petitioner in this crime and he has been implicated in this crime based on the confession statement of the 1st accused. Highlighting his custody from 23.11.2023 in this crime and progress of investigation, the learned counsel for the petitioner canvassed relief of the regular bail.

The learned Public Prosecutor submitted that even though, in this matter, the contraband was recovered from the possession of the 1st accused and the quantity is intermediate, the petitioner also has role in this occurrence. It is also submitted that, the petitioner herein, is the 2nd accused in Crime No. 65/2023 of Ernakulam North Police Station, involving commercial quantity of contraband and therefore, the petitioner cannot be released on bail.

Leaving his complicity in Crime No. 65/2023 of Ernakulam North Police Station, to be decided in B.A. No.1531/2023, in this matter, the contraband involved is intermediate quantity and nothing recovered from the conscious possession of the petitioner. Therefore, the petitioner can be enlarged on bail, taking note of his custody from 23.11.2022 and progress of investigation since, there is no bar to grant bail to the petitioner, other wise.

Therefore, the petitioner can be released on the following conditions:

i. The 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 Special court.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The petitioner shall appear before the Investigating Officer as and when directed.

iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade them from disclosing such facts to the court or to any police officer.

v. The petitioner shall surrender his passport before the Special court on the date of execution of the bail bond, or within 7 days therefrom. If he has no passport, he shall file affidavit to that effect.

vi. The petitioner shall not involve or indulge 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.