Sifan Thaj vs State Of Kerala

Viju Abraham, J

Applications for regular bail.

The above bail applications are filed by accused Nos.7, 9, 13 and 14 respectively in Crime No.36/2021 of Ernakulam Excise Range registered alleging commission of offences punishable under Sections 22(c), 25 and 29 of the Narcotic Drug and Psychotropic Substances Act, 1985 (in short, “NDPS Act”)

The prosecution allegation is that on 19.08.2021 at about 1.40 a.m, the Excise Enforcement and Anti Narcotic Special Squad, Ernakulam acting on a tip-off conducted a search in Marhaba Apartment, Vazhakala, and seized 83.896 grams of MDMA illegally kept for sale in an apartment in the 1st floor of C block and arrested the accused persons.

Petitioners submit that they have been falsely implicated in the above said crime and they were implicated as an accused only on the basis of the confession statement of the co-accused. Petitioners further submit that the 7th and the 9th accused are in custody from 14.9.2021 onwards, whereas the 13th accused is in custody from 12.102021 and the 14th accused from 21.10.2021. They further submit that the investigation is over and charge sheet has been laid and therefore their continued detention is not required for the purpose of investigation. They further submit that they have no other criminal antecedents. Petitioners also submit that accused No.15 in the above crime has been granted bail by the Apex Court as per Annexure-3 order produced in B.A.No.4208 of 2023. Petitioners submit that accused No.20 was granted bail by this Court as per order dated 9.6.2023 in B.A.No.4153 of 2023. Petitioners would also contend that the allegations against them are similar to that of accused Nos.15 and 20. Therefore, going by Annexure-3 order in B.A.No.4208 of 2023 and the order in B.A.No.4153 of 2023, they are entitled for bail.

Heard the learned counsel for the petitioners and the learned Additional Director General of Prosecution.

Learned Additional Director General of Prosecution opposed the applications for bail mainly contending that the petitioners cannot claim that they are similarly situated to accused No.15, who has been granted bail by the Apex Court, in as much as large monetory transactions are alleged against the petitioners. In answer to the same the petitioners would submit that the petitioner in B.A.4153 of 2023 against him also there are allegations of large monetory transactions and who is also involved in another crime, was granted bail by this Court. Petitioners further submit that this Court in Fasil v. State of Kerala (2023 (3) KHC 212) was laid down the parameters for consideration of bail applications in which the rigour of Section 37 is involved. Petitioners submit that they have undergone imprisonment for more than one year and that they have no other criminal antecedents. Petitioners also submit that there is no chance that the trial of the case will be completed within a period of 6 months and their case will squarely fit into the parameters fixed by this Court in Fasil's case supra. It is to be noticed that by Annexure-2 order produced in B.A.No.4208 of 2023, this Court as per order dated 30.3.2023 specifically directed to complete the trial of the case within a period of 6 months from the date of framing charge. Learned counsel appearing for the petitioners would submit that even the charge has not been framed till date, which is endorsed in the report filed by the trial judge in these cases.

Considering all the facts and circumstances of the case and taking into consideration the fact that accused No.15 has been granted bail by the Apex Court as per Annexure-3 order produced in B.A.No.4208 of 2023 and accused No.20 has been granted bail by this Court in B.A.No.4153 of 2023 and also taking into consideration the fact that petitioners' case squarely falls within the parameters in Fasil's case supra, I am inclined to grant bail to the petitioners. Accordingly, these applications are allowed on the following conditions:

(i) Petitioners shall be released on bail on them executing a bond for Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the court having jurisdiction;

(ii) Petitioners shall co-operate with the trial of the case;

(iii) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they attempt to tamper with the evidence;

(iv) Petitioners shall not commit any other offences while they are on bail;

(v) Petitioners shall not leave the country without the permission of the jurisdictional court;

(vi) Petitioners shall surrender their passports before the jurisdictional court. If the petitioners does not have a passport, they shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

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 order in accordance with the law, notwithstanding the bail having been granted by this Court.