Renjith vs State Of Kerala

Viju Abraham, J.

This is an application for Regular Bail.

The petitioner is the sole accused in Crime No.61/2022 of Excise Enforcement & Anti Narcotic Special Squad, Kollam alleging commission of offences punishable under Sections 20 (b) (ii) B of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution allegation is that, on 07.11.2022 11.15 pm, the accused was found in possession of 2.200 kgs of ganja, which was found transporting in a car bearing Registration No. KL-13-AK-143 and an amount of Rs.27,500/-was also seized and thereby committed the aforesaid offences.

The learned counsel for the petitioner submitted that the petitioner is falsely implicated in the above said crime and he was going to Regional Cancer Centre, Thiruvananthapuram for treatment for cancer and on the way he has been apprehended.

The learned Public Prosecutor upon instructions submitted that the petitioner was found in possession of large quantity of ganja and he was arrested in spot but submitted that the petitioner has no other criminal antecedents.

Having regard to the facts and circumstances of the case and the nature of the allegations and also taking into consideration of the health condition of the petitioner as stated in the bail application, I am inclined to grant bail to the petitioner and the same shall only be on the following stringent conditions:

(i) The petitioner shall execute 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.61/2022 of Excise Enforcement & Anti Narcotic Special Squad, Kollam on every Saturday at 11 am until the final report is filed;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.61/2022 of Excise Enforcement & Anti Narcotic Special Squad, Kollam;

(iv) The petitioner shall not leave the State of Kerala 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.61/2022 of Excise Enforcement & Anti Narcotic Special Squad, Kollam may file an application before the jurisdictional court, for cancellation of bail.