Sanoop M.K 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 accused in Crime No.04/2023 of Nileshwar Excise Range, Kasaragode district. The offence alleged against the petitioner is punishable under section 20(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act').

According to the prosecution, on 11.04.2023, the accused was found in illegal cultivation of seven cannabis plants on the terrace of his house and thereby committed the offences alleged.

I have heard Sri.P.K.Subhash, the learned counsel for the petitioner and Sri.P.G.Manu, the learned Public Prosecutor.

Sri.P.K.Subhash, the learned counsel appearing for the petitioner, contended that the prosecution allegations are false and the incident as alleged had not yet occurred. It was further submitted that the petitioner was arrested on 11.04.2023 and he has been in custody since then.

Sri.P.G.Manu, the learned Public Prosecutor opposed the application and submitted that the allegations are serious and that if the petitioner is released on bail, there is every chance of committing offences under the NDPS Act.

I have considered the rival contentions.

The petitioner was arrested on 11.04.2023 and he has been in custody for the last more than 60 days. Having regard to the nature of offence committed and the period of detention already undergone, I am of the view that the petitioner ought to be released on bail subject to strict conditions.

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 co-operate with the trial of the case.

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

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

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.