Riyas K A vs State Of Kerala

Raja Vijayaraghavan V, J

The above captioned application seeking regular bail has been filed under Section 439 of the Code of Criminal Procedure (‘Code’ for short)

by the accused 3rd accused Crime No.5 of 2021 of Excise Circle office, Palakkad registered under Sec.22(b), 29 & sec. 63 of the Narcotic Drugs

and Psychotropic Substance Act, 1985

Gist of the prosecution allegation is that on 6.2.2021 at about 6 pm., the petitioner herein along with three others were found engaged in the

transportation of 17gms of Methamphetamine, a synthetic Psychotropic Drug, in a car bearing Reg. No. KL-63-G-3754. The vehicle was intercepted

by the Circle Inspector of Palakkad and on search, the contraband article was seized from the dashboard of the car. The accused were arrested and

they remain in custody.

The learned counsel appearing for the applicant, submitted that the investigation in the aforesaid case has been completed and the final report has

been laid before the jurisdictional court and the same is pending as S.C. No.312/2021 on the file of the Additional Sessions Court, Palakkad. According

to the learned counsel, the applicant is innocent of the allegations and the contraband which has been seized from the possession of the four persons

being 17 gms, the provisions of Section 37 of the Act would not be attracted. It is further submitted that the applicant is innocent of all allegations and

he was not aware of the fact that the persons accompanied with him in the car were keeping narcotic drugs in the car.

The learned public prosecutor has strenuously opposed the prayer. It is submitted that the applicant is a person with criminal antecedents and he is

involved in Crime No. 9 of 2017 of Chalakkudy Excise Range for possession of small quantity of ganja. He would urge that if the applicant is released

on bail, he is likely to repeat the offence.

I have considered the submissions advanced and have perused the records. The quantity seized from the car falls within the category of

intermediate quantity. The records reveal that the investigation has been completed and the final report has been laid. The mere fact that the petitioner

had pleaded guilty for possessing small quantity of ganja in the year 2017 is no reason to deny bail to him. Having considered all the relevant aspects,

including the nature of accusations, the severity of the punishment which conviction would entail, the reasonable possibility of securing his presence at

the stage of trial and the conclusion of the investigation, I am of the view that the further detention of the petitioner in custody is not necessary. He

can now be granted bail by imposing appropriate conditions.stringent conditions the applicant can now be enlarged on bail.

In the result, this application will stand allowed. The applicant shall be released on bail on his 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 court having jurisdiction. The above order shall be subject to the

following conditions:

1). The applicant shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for a period of two months or till final report is filed,

whichever is earlier.

2). He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

3). He shall not commit any similar offence while on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and

pass appropriate orders in accordance with the law.