Sabir Hussain vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the sole accused in Crime No.400 of 2023 of Pavaratty Police Station, Thrissur, alleging offences punishable under Section 22(a)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 .

According to the prosecution, on 10.05.2023, the accused was found to have been cultivating one ganja plant in a growbag in his house and thereby committed the offence as alleged.

Sri.Anand Kalyanakrishnan, learned counsel for the petitioner, contended that the entire prosecution allegations are false and the petitioner is totally innocent of the allegations. It was further submitted that the petitioner had no role in the alleged cultivation and that he was not even aware of such a plant growing in his property.

Smt.T.V.Neema, learned Public Prosecutor, opposed the application and submitted that the allegations are serious in nature and the petitioner's involvement is clearly brought out during investigation. It was further submitted that having regard to the seriousness of the allegations, the petitioner ought not to be released on bail.

Petitioner is alleged to have cultivated one ganja plant in a grow bag in his house. Though the allegations are serious in nature, considering the period of detention already undergone from 10.05.2023, I am of the view that further detention need not be permitted.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him 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.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offence while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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, notwithstanding the bail having been granted by this Court.