Salman vs State Of Kerala

P.G. Ajithkumar, J

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

The petitioner is the 3rd accused in Crime No.304 of 2023 of Ponnani Police Station. He allegedly had committed the offences punishable under Sections 20(b)(ii)A and 20(b) (ii)B read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The case of the prosecution is that the petitioner along with accused Nos.1 and 2 possessed 4.1 Kgs. of Ganja and 15 grams of Hashish Oil. They were caught red-handed while they were transporting the contraband in an autorickshaw bearing Reg.No.KL-52-A-6832 at 11.40 a.m. on 15.03.2023 at Guruji Nagar.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The  petitioner  would  contend  that  he  did  not involve in the alleged crime and without any material or evidence, he has been implicated in the crime. He is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for his further detention.

The learned Public Prosecutor would submit that considering the seriousness of the offence and the possibility of interfering with the investigation by the petitioner in the event of his release on bail, this petition deserves only to be dismissed.

No doubt, the offence alleged against the petitioner is serious in nature. It is seen that investigation in the matter has been progressed considerably. The petitioner was arrested on 15.03.2023 and ever since he has been in custody. It is seen that he did not involve in any other similar offence. Considering the aforesaid aspects and also the nature of the offence, I am of the view that further detention of the petitioner pending investigation is unnecessary. Therefore, the petitioner is entitled to be released on bail.

In the result, the bail application is allowed and the petitioner is granted bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the learned Special Court, subject to the following conditions:

(i) The petitioner shall not influence or intimidate witnesses or tamper with evidence;

(ii) The petitioner shall appear before the investigating officer as and when called for until filing the final report;

(iii) During the period of bail, petitioner shall not get involved in any other offence;

(iv) The petitioner shall surrender his passport before the learned Magistrate, and if he does not have a passport, he shall file an affidavit stating that fact; and

(v) The petitioner shall not leave the territorial limits of jurisdictional court, except with the permission of the Special Court, Manjeri, till filing of the final report.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.