Rahul C vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 2nd accused in Crime No.29 of 2022 of Excise Range Office, Manjeri alleging commission of offences punishable under Sections 22(c) and 29 of the NDPS Act.

The prosecution allegation is that on 24.09.2022 the petitioner along with the 1st accused was found to have possessed and transported 8.411 grams of LSD stamp and the contraband article was transported using courier service and the petitioner along with the 1st accused was arrested on 24.09.2022 in front of the office of the courier agency.

The petitioner submits that he has been falsely implicated in the above said crime and there is serious procedural violation which goes in favour of the petitioner. Petitioner submits that he has absolutely no role in the commission of the offence. As per the prosecution allegation the 1st accused went to the courier office and collected the contraband and the allegation against the petitioner is that the 1st accused went from the courier office in the scooter driven by the petitioner. Petitioner submits that he is in custody from 24.9.2022 and he has no other criminal antecedents. He further submits that he is a student in 3rd year B.Pharm at KMCT Medical College, Mukkam, as is evident from Annexure-A1. Investigation is over and complaint has already been filed and there is no chance for earlier completion of the trial.

The learned Public Prosecutor opposed the application for bail mainly contending that large quantity of contraband was seized from the possession of the petitioner and that this Court has considered the bail application of the petitioner on earlier occasions and dismissed the same. Learned Public Prosecutor further submits that the petitioner has no other criminal antecedents.

Admittedly, petitioner is in custody from 24.9.2022 and that he is a student as is evident from Annexure-A1 and he has no other criminal antecedents also. The investigation of the case is over and complaint has already been filed and there is no chance for earlier completion of the trial.

Taking into consideration all these aspects and the fact that the petitioner is a student, I am inclined to grant bail to the petitioner, but considering the seriousness of the allegation, the same shall only be on stringent conditions.

(i) Petitioner shall execute a bond for a sum of Rs.1,00,000/- (rupees one lakh only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No. 29 of 2022 of Manjeri Excise Range Office on all second Saturdays at 11.00 a.m. till completion of the trial;

(iii) Petitioner shall not leave the State of Kerala without obtaining prior permission from the jurisdictional court;

(iv) Petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(v) Petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime;

(vi) Petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.29 of 2022 of Excise Range Office, Manjeri may file an application before the jurisdictional court, for cancellation of bail.