Shanu vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

The petitioners herein are the accused Nos.1 and 2 in Crime No.12/2022 of Excise Range Office, Anchal, Kollam alleging commission of offences punishable under Sections 20(b)(ii) A, 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution allegation is that, on 09.05.2022 at around 10.40.AM, accused were found in possession of 90 gms of ganga and 640mgs of MDMA, which they were found transporting in a car bearing Reg.No.KL-22-K-6383 and thereby committed the aforementioned offence.

The learned counsel for the petitioners submitted that, they have been falsely implicated in the above said crime and they are in custody from 09.05.2022 onwards. The petitioners earlier moved the Sessions Court, Kollam seeking bail and the same was rejected as per Anx.I-Order. The counsel for the petitioners further submitted that, the petitioners have no other criminal antecedents.

The learned Public Prosecutor opposed the application for bail. He, upon instruction, submitted that, no other criminal antecedents have been reported as against the petitioners.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioners are in custody from 09.05.2022 onwards and that the quantity of the contraband seized is intermediate and also the fact that there are no other criminal antecedents as against the petitioners, I am inclined to grant bail to the petitioners and it is ordered that the petitioners shall be released on bail on the following stringent conditions:

(i) The petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only)each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioners shall appear before the investigating officer in Crime No.12/2022 of Excise Range Office, Anchal, Kollam, on every Saturday at 11 am until filing of final report;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or any witness in Crime No.12/2022 of Excise Range Office, Anchal, Kollam;

(iv) The petitioners shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.12/2022 of Excise Range Office, Anchal, Kollam may file an application before the jurisdictional court, for cancellation of bail.