Nizamudheen T.K vs State Of Kerala

Ashok Menon, J.

This is an application for regular bail under Section 439 of the Cr.P.C.

The applicant is the sole accused in Crime No.650/2020 of Pariyaram Police Station for having allegedly committed an offence punishable under

Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Actâ€​).

The prosecution case, in brief, is that on 06.07.2020 in connection with another crime No.649/2020 registered for the offences punishable under

Sections 341 and 392 of the I.P.C., a search was conducted in the house by the police and during that search the applicant was found to be in

conscious possession of 1.615 kgs. of Ganja, which was concealed in his house. Subsequently, this Crime was also registered against him for the

aforesaid offence.

The applicant states that he is innocent and the allegations are not true. He was arrested on 16.04.2021 in this crime, and therefore, he may be

released on regular bail.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor points out that the applicant is, apart from the aforesaid two crimes referred to above, also involved in an NDPS

Crime No.297/2021 of Hosdurg Police Station for being in possession of a small quantity of Ganja. Considering these antecedents of the applicant, the

learned Public Prosecutor has very vehemently opposed the application for bail.

The quantity involved in this crime is intermediary, and therefore, the rigour under Section 37 of the NDPS Act would not be attracted. The other

cases in which the applicant is allegedly involved is for a small quantity of Ganja. Under the circumstances, I find that there is no need for

incarcerating the applicant any longer since he has been in custody for a fairly long time.

As a result, the bail application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.1,00,000/- (Rupees one

lakh only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:

i)He shall appear before the investigating officer on all Saturdays between 9.00 AM and 12.00 noon for a period of three months or till the final report is filed,

whichever is earlier;

ii) He shall not attempt to influence or intimidate the witnesses; and

iii) He shall not get involved in similar offences during the currency of the bail.

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