Sai Krishna vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The Petitioner is the sole accused in Crime No. 36/2022 of Excise Enforcement & Anti-Narcotics Special Squad, Palakkad alleging commission of offence punishable under Section 22(b) of The Narcotic Drugs and Psychotropic Substances Act.

The prosecution allegation is that, on 17.10.2022 at 8:45 AM, a bag containing 20 grams of Methamphetamine allegedly belonging to the applicant was seized at the Palakkad Junction Railway Station and thereby the accused has committed the alleged offence.

The petitioner submitted that he was arrested on 17.10.2022 and is in custody for almost 50 days. Petitioner submitted that he is falsely implicated in the above said crime and further submitted that he has no other criminal antecedents.

The learned Public Prosecutor seriously opposed the application for bail mainly contending that large quantity of synthetic drug was seized from the possession of the petitioner, but submitted that the petitioner has no other criminal antecedents.

Considering the fact that petitioner is in custody for almost 50 days and further that he has no other criminal antecedents, I am inclined to grant bail to the petitioner, but taking note of the seriousness of the allegation, the same shall only be on stringent conditions.

In the result, the bail application is allowed and it is ordered that the petitioner shall be released on bail on the following stringent 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;

(ii) The petitioner shall appear before the investigating officer in Crime No. 36/2022 of Excise Enforcement & Anti-Narcotics Special Squad on all Saturdays at 11.00 a.m. until completion of the trial;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime;

(iv) The petitioner shall not involve in any other crime while on bail.

(v) The petitioner shall not leave State of Kerala without obtaining prior permission from the jurisdictional Court.

(vi) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 36/2022 of Excise Enforcement & Anti-Narcotics Special Squad, may file an application before the jurisdictional court, for cancellation of bail.