Sajeev vs State Of Kerala

Mohammed Nias C.P.J

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

The petitioner is the 2nd accused in Crime No. 846/2022 of Kazhakkuttom Police Station, Thiruvananthapuram, for having committed offences punishable under Section 20(b)(ii)(c) r/w Section 29 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case is that, on 23.6.2022 petitioner was found driving a car bearing Reg.No.KL-43-5038 with accused No.1 and on searching the car 125.45 Kgs. Ganja was seized from the boot of the car and thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 23/06/2022, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition.

Taking into account the allegation against the petitioner, mainly that he drove the car that carried the contraband, the petitioner has been in custody since 23/06/2022, the chance of completion of the trial anytime soon is not probable, no antecedents under the NDPS Act are reported, and also relying on the principles laid down in the judgments of the Supreme Court in Dheeraj Kumar Shukla v. State of Uttar Pradesh (SLP Criminal No.6690/2022) and MD Raja and another v. State of West Bengal (SLP Criminal No.6690/2022) and of this Court in Banash Basheer v. State of Kerala (B.A.No.5370/2023, Siddarth vs. State of Kerala and another (B.A.No.4109/2023) and Fasil vs. State of Kerala [2023 (3) KHC 212] that followed Dheeraj Kumar Shukla (supra), the rigour of Section 37 of the NDPS Act has to be dispensed with at this stage, I am inclined to grant bail under such circumstances.

Accordingly, this application is allowed, and the petitioner is 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 petitioner shall report before the Court or the Investigating Officer as and when directed.

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

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

(v) The petitioner 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 petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he 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 petitioner shall furnish his residential address, including mobile phone number, to the investigating officer as well as to the court.

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