Rajesh @ Deepu vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

The petitioner is the sole accused in Crime No.41/2022 of Excise Enforcement & Anti Narcotic Special Squad, Kollam, alleging commission of offence punishable under Section 20(b)ii)B of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution allegation is that, on 15.09.2022, at about 2.20 pm, the accused person was found in possession of 5 Kgs of ganja for sale, which he was found transporting in a scooter bearing Reg. No.KL-02-BJ-0577 and thus committed the aforesaid offence.

4 .The learned counsel for the petitioner submitted that the petitioner is in custody from 15.09.2022 onwards. Though the petitioner moved an application for bail before this Court, the same was rejected by Annexure A1 order. The specific case of the petitioner is that he is entitled for statutory bail inasmuch as the final report is not yet laid.

The learned Public Prosecutor upon instructions submitted that, it is true that the final report is not yet laid as on date and that the petitioner is entitled for the statutory bail.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is entitled for statutory bail, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following 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) Petitioner shall appear before the investigating officer in Crime No.41/2022 of Excise Enforcement & Anti Narcotic Special Squad, Kollam on every Saturday at 11 am, until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.41/2022 of Excise Enforcement & Anti Narcotic Special Squad, Kollam;

(iv) The petitioner shall not leave the State without obtaining prior permission from the jurisdictional Court;

(v) The 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.41/2022 of Excise Enforcement & Anti Narcotic Special Squad, Kollam may file an application before the jurisdictional court, for cancellation of bail.