Sathyabhan Pradhan vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the sole accused in Crime No.12 of 2022 of Excise Circle Office, Thrissur registered alleging commission of offence punishable under Section 20 (b)(ii) B of the Narcotic Drugs and Psychotropic Substances Act, 1985, which is now pending as S.C No. 579 of 2022 of the Additional Sessions Court-IV, Thrissur.

The prosecution case in brief, is that on 30.03.2022 at about 12.50 p.m., the petitioner was found at Thrissur Railway Station Platform No. 1 Coach No. 16 position area with a trolley bag containing 14.928 kgs of ganja and thus he committed the aforesaid offences.

Petitioner submits that he was arrested on 30.03.2022 and is in custody since then. Petitioner further submits that the charge sheet is already laid and his continued detention is not required for the purpose of investigation and further that he has no other criminal antecedents.

Heard the learned Public Prosecutor who opposed the application for bail mainly contending that large quantity of contraband was seized from the possession of the petitioner and further that petitioner is a native of Odissa and if he is released on bail, his presence cannot be secured at the time of trial. To which the learned counsel for the petitioner submitted that he is ready and willing to furnish local sureties. Learned Public Prosecutor upon instruction further submitted that the petitioner is not involved in any other criminal cases.

Considering the facts and circumstances of the case and the fact that petitioner is in custody from 30.03.2022 onwards and also taking into consideration the fact that charge sheet is already laid in this case and that the petitioner has no other criminal antecedents, I am inclined to grant bail to the petitioner. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail subject to the following conditions:

(i) The petitioner shall execute 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. The sureties shall be local sureties.

(ii) He shall appear before the investigating officer in Crime No.12 of 2022 of Excise Circle Office, Thrissur on all Saturdays at 11.00 a.m. till the completion of trial.

(iii) He shall not leave the State of Kerala without getting prior permission from the jurisdictional court.

(iv) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(v) He shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.12 of 2022 of Excise Circle Office, Thrissur may file an application before the jurisdictional court, for cancellation of bail.