Royej Ali 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 Kothamangalam Police Station, Ernakulam District, 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 04.11.2022, the accused was found in possession of 2.250 Kgs of dried ganja at Kottapady junction and thus committed the aforesaid offence.

4 .The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime and that he is in custody from 04.11.2022 onwards. It is further submitted that the petitioner has no other criminal antecedents.

The learned Public Prosecutor opposed the bail application mainly contending that the accused was found in possession of 2.250 Kgs of dried ganja, but submitted that involvement of the petitioner in any other crime is not seen reported. The learned Public Prosecutor raised an apprehension that the petitioner being a native of West Bengal, if he is released on bail, his presence cannot be secured at the time of trial, to which the learned counsel for the petitioner submitted that he is ready and willing to provide local sureties.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 04.11.2022 onwards and that he has no other criminal antecedents, 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 and the sureties shall be natives of Kerala;

(ii) Petitioner shall appear before the investigating officer in Crime No.61/2022 of Kothamangalam Police Station, Ernakulam District on every Saturday at 11 am, until filing of final report;

(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.61/2022 of Kothamangalam Police Station, Ernakulam District;

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

(v) The petitioner shall furnish his local address with mobile phone number to the jurisdictional Court as well as the investigating officer and the investigating officer shall be informed about any change in his local address or in the mobile number;

(vi) 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 Kothamangalam Police Station, Ernakulam District may file an application before the jurisdictional court, for cancellation of bail.