Noufal vs State Of Kerala

Dr Kauser Edappagath, J

This is the second application for regular bail filed by the petitioner under Section 439 of Cr.P.C.

The petitioner is the 1st accused in Crime No.15/021 of Excise Enforcement Anti-Narcotic Special Squad, Malappuram District. The offences

alleged against the petitioner are under Sections 8(c), 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the

NDPS Act).

The prosecution case in short is that on 23.10.2021 at 6.00 pm., the petitioner along with the other accused found in possession of 11.280 grams of

ganja at the house bearing door No.13/346 in contravention of the NDPS Act and the Rules and thereby committed the offence.

Heard both sides and perused the case diary.

The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He

further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public

Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and

if the petitioner is released on bail at this stage, it would affect the course of investigation.

It is true that prima facie there are materials on record to connect the petitioner with the crime and he is having criminal antecedents including two

crimes under the NDPS Act. However, the investigation is almost over and he is in custody for the last 89 days. Hence, I am of the view that the

petitioner can be released on bail on conditions:

In the result, the application is allowed on the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/-(Rupees One lakh only) with two solvent sureties for the like sum each to

the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioner shall also appear

before the investigating officer as and when required by him.

(iv) The petitioner shall not commit any offence of like nature while on bail.

(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with

the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioner shall not leave State of Kerala without the permission of the trial Court.