AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
13 paragraphs · 363 wordsViju Abraham, J
This is an application for regular bail.
Petitioner is the 1st accused in Crime No.76 of 2022 of Mattancherry Excise Range Office, Ernakulam registered alleging commission of offence punishable under Section 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The prosecution allegation is that on 21.11.2022 at 21.20 hours in front of the Government Taluk Hospital, Kochi the accused was found in possession of 2.060 kgs of ganja and was taken into custody along with the contraband. Thus the petitioner has committed the aforesaid offence.
Petitioner submits that he is in custody from 22.11.2022 onwards and that he has been falsely implicated in the abovesaid crime. Petitioner further submits that he has no other criminal antecedents.
Learned Public Prosecutor upon instructions submitted that the petitioner was found in possession of 60 grams of ganja and on the basis of his statement 2 kgs of ganja was seized from the house of the 2nd accused. Learned Public Prosecutor upon instructions further submitted that the petitioner has no other criminal antecedents.
Considering the facts and circumstances of the case and also taking note of the detention of the petitioner from 22.11.2022 onwards and the fact that he has no other criminal antecedents, I am inclined to grant bail to him on 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.
(ii) He shall appear before the investigating officer in Crime No.76 of 2022 of Mattancherry Excise Range Office, Ernakulam on all Saturdays at 11.00 a.m. for a period of six months.
(iii) He shall not leave the State of Kerala without obtaining 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.76 of 2022 of Mattancherry Excise Range Office, Ernakulam may file an application before the jurisdictional court, for cancellation of bail.