Prabhajith @ Chandu vs State Of Kerala

Viju Abraham , J.

This is an application for regular bail.

The petitioners are the accused in Crime No. 572 of 2022 of Arroor Police Station, Alappuzha District alleging commission of offences punishable under Sections 20(b)(ii)B and 29 of the Narcotic and Psychotropic Substances Act,1985.

The prosecution allegation is that, on 23.08.2022 at about 6.30 PM, petitioners were found on the road near Arroor Keltorn junction with a scooter bearing No. KL 04 AQ 164 and was carrying 1.132 kilogram of Ganja. Thus the accused committed the above said offences.

The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the above said crime and also submitted that they were arrested on 24.08.2022 and on till date charge sheet is not laid, the petitioners are entitled for statutory bail.

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

The learned Public Prosecutor submitted that as on date charge sheet is not laid but contended that 1st accused is involved in 10 other criminal cases.

Having regard to the facts and circumstances of the case, taking into consideration the fact that charge sheet has not been laid and the petitioners are in custody from 24.08.2022, the petitioners are entitled to get statutory bail. I am inclined to grant bail to the petitioners subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:

(i) The petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) The petitioners shall appear before the investigating officer in Crime No. 572 of 2022 of the Arroor Police Station, Alappuzha District on every Saturday at 11 a.m., until further orders;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No. 572 of 2022 of the Arroor Police Station, Alappuzha District;

(iv) The petitioners shall not leave the jurisdictional limit of State of Kerala;

(v) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 572 of 2022 of the Arroor Police Station, Alappuzha District may file an application before the jurisdictional court, for cancellation of bail.