Sameer P vs State Of Kerala

A. Badharudeen, J.

This is an application for regular bail filed by the petitioner, who is the 1st accused in Crime No.127/2022 of Kuttippuram Police Station, Malappuram, where the accused alleged to have committed offences under Section 20(b)(ii)B r/w Section 29 of the Narcotic Drugs and Psychotropic Substances Act.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

The prosecution case, in brief, is that the accused herein was found in possession of 6 kg. of Ganja in room No.402 of Puthankottil Tourish Home at Kuttipuram. The accused were intercepted and the contraband taken into custody. Thereafter, crime registered and the same is on investigation.

It is submitted by the learned counsel for the petitioner/1st accused that the 1st accused is innocent and he has no involvement in this crime. He also submitted that the petitioner was arrested on 30.03.2022 and has been in custody till now. Highlighting the progress of investigation and the stature of the petitioner as a first time offender, the learned counsel pressed for granting regular bail.

The learned Public Prosecutor opposed regular bail highlighting the seriousness of the offences alleged to have been committed and also the premature stage of investigation.

In this matter, 6 kg. of Ganja, that is, intermediate quantity of the contraband, was recovered from the possession of the accused and thus the prosecution case is well made out, prima facie. However, it appears that the petitioner has no criminal antecedents. Since he has been in custody from 31.03.2022, I am of the view that his further custody for the purpose of investigation not required and, therefore, he can be enlarged on bail on the following conditions:

i. The petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with trial and shall be available for trial.

iv. The petitioner shall not leave the jurisdiction without prior permission of the trial court.

v. The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial court. If he has no passport, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported to came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.