Riju Paul vs State Of Kerala

Mohammed Nias C.P., J.

These applications are filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.

Accused Nos.1 and 5 filed B.A.No.9533/2023 and accused No.4 has filed B.A.No.8658/2023. The petitioners are accused Nos. 1, 5 and 4, respectively, in Crime No. 51/2023 of the Narcotic Enforcement Squad Adimaly, for having allegedly committed offences punishable under Sections 22(b), 20(b)(ii) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution case is that on 26/09/2023 at 12:30 PM, wherein accused were apprehended in the possession of 0.068 grams of LSD stamps and 15 grams of dried ganja. These contrabands were discovered within a Maruthi Suzuki Swift vehicle bearing registration number KL 07. CP. 8046, located within the jurisdiction of Devikulam Taluk. This incident took place in Mannamkandam Village, situated along Chatupara Bank, adjacent to the Kochi Dhanushkodi National Highway, on the northern side of the roadway, directly in front of the establishment recognised as Neelakurinji Chocolate Hub and thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioners are innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioners have been in custody since 26/09/2023, and continued custody of the petitioners is unnecessary.

The learned public prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioners and learned Public Prosecutor and considering the nature of the allegations against the petitioners, the quantity of the contraband involved at an intermediate level, and the fact they have been in custody since 26/09/2023 and also since there is no apprehension raised by the prosecution that if released on bail, the petitioners are likely to abscond, I hold that bail can be granted to the petitioners more so when no other criminal antecedents have been reported against the petitioners.

Accordingly, this application is allowed, and the petitioners granted bail subject to the following conditions:-

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

(ii) The petitioners shall report before the Investigating Officer every Saturday between 9 a.m. and 10 a.m. till the final report is laid;

(iii) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iv) The petitioners shall not be involved in any other crime while on bail.

(v) The petitioners shall surrender his passport, if any, within seven days from the date of his release before the Court concerned, and if the release of the passport is required at the later period, the petitioners shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If they have no passport, they shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter.

(vi) The petitioners shall furnish their present address, along with their mobile phone number, to the court concerned as well as to the investigating officer.

If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;