Niyas N vs State Of Kerala

Viju Abraham , J

This is an application for regular bail.

The Petitioner is the 3rd accused in Crime No. 1790/2021 of Chirayinkeezhu Police Station, Trivandrum District alleging commission of offences punishable under Sections 20(b)(ii)B, 22(c) & 29 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution allegation is that, on 24.09.2021 at about 04.05 PM, on the basis of prior information, a search was conducted in the house of 1st accused and seized 63.60 grams of MDMA from the almirah of said house. Further case is that at about 4.50 PM, a car bearing registration number KL-16-L-2419 parked in the premises of said house was searched in the presence of gazetted officer and seized 2.100 grams of Ganja from the car. The accused Nos. 1 to 5 were arrested from the said house. Thus the accused have committed the alleged offences.

The petitioner submits that he is in custody from 24.09.2021 onwards. Petitioner has approached this Court earlier filing B.A. No. 3109/2022 which was dismissed as per Annexure A1 order. Petitioner subsequently approached this Court filing B.A. No.9721/2022 which was disposed of as per Annexure A2 order dated 04.01.2023 declining bail but with a direction to the trial Court to expedite the trial of the case and dispose of the case within a period of six months from the date of framing chargesheet. Petitioner submits that the charge is not framed till date and further that the petitioner has no other criminal antecedents. Petitioner further submits that the 4th accused was granted bail by this Court as per Annexure A4 order. Accused Nos. 5 and 6 were also granted bail by the Sessions Court Trivandrum. Petitioner also contend that accused Nos. 5 and 6 were involved in other criminal cases including offences under the NDPS Act, but they were granted bail. Petitioner submits that the alleged contraband was seized from the house of the 1st accused and the petitioner was arrested for the reason that he was also present at the house of the 1st accused at the time of seizure. Petitioner relies on the judgment of this Court in Fasal v. State of Kerala [2023 (3) KHC 212] wherein this Court has fixed parameters for consideration of bail wherein the rigour of Section 37 is involved. Petitioner submits that he has no criminal antecedents and he has been in custody from 24.09.2021 and further that eventhough there is a direction by this Court as per Annexure A2 to expedite the trial of the case, even the charges have not been framed till date.

The learned Public Prosecutor though opposed the application for bail submitted that the petitioner has no other criminal antecedents.

After hearing both sides, I am of the opinion that the case of the petitioner falls within the parameters fixed by this Court in Fasal’s case supra. Therefore, I am inclined to grant bail to the petitioner.

In the result, the bail application is allowed and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

(i) The petitioner shall execute a 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) The Petitioner shall not intimidate the witnesses or tamper with evidence. He shall be available for trial. He shall appear before the Investigating Officer on every Monday in between 9 a.m. and 12 noon for a period of two months and also appear before the Investigating Officer as and when directed.

(iii) The petitioner shall not leave India without prior permission of the jurisdictional Court.

(iv) The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial Court. If he has no passport, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 1790/2021 of Chirayinkeezhu Police Station, may file an application before the jurisdictional court, for cancellation of bail.