Subair vs State Of Kerala

This Bail Application filed under Section 439 of Criminal Procedure Code was heard through Video Conference.

The petitioner is the accused in Crime No.3/2021 of Excise Range Office, Perinthalmanna. The above case is registered against the petitioner

alleging offences punishable under Section 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). The petitioner was

arrested on 09.03.2021.

The prosecution case is that the petitioner was found in possession and transporting 2.050 kg of ganja in a Vespa scooter along Oradampalam

Valiyaveettilpadi road at Cheerakkaparambu.

Heard the learned counsel for the petitioner and the learned Public Prosecutor. The counsel for the petitioner submitted that the petitioner is in

custody from 09.03.2021. Even if the entire allegations are accepted, the petitioner found in possession of an intermediatory quantity of ganja as per

the NDPS Act. The counsel submitted that the petitioner is ready to abide any conditions, if this Court grant him bail. The Public Prosecutor opposed

the bail application. The Public Prosecutor submitted that huge amount of ganja is seized from the petitioner and the petitioner may not be released on

bail at this stage.

After hearing both sides, I think that this bail application can be allowed on stringent conditions. The petitioner was found in possession of 2.050 kg

of ganja. It is an intermediatory quantity as per the NDPS Act. The petitioner was arrested on 09.03.2021. As far as the investigation is concerned,

search, seizure and arrest are the main parts of investigation. That is over. Now the petitioner is in custody from 09.03.2021. Considering the entire

facts and circumstances of the case, I think that this bail application can be allowed on stringent conditions.

Moreover, the 2nd wave of COVID-19 is spreading in the country and the citizens are facing serious difficulties. In the State of Kerala, the 2nd

wave of the pandemic is creating lot of problems and even the day-to-day life of the citizens are affected. Everyday, about 25,000 people are tested

positive with COVID-19. In such circumstances, this Court has to consider this fact also while considering bail applications. The life is more important

than anything. Therefore, I am considering this bail application based on the above pandemic situation.

Moreover, considering the need to follow social distancing norms inside prisons so as to avert the spread of the novel Corona Virus Pandemic, the

Hon'ble Supreme Court in Re: Contagion of COVID-19 Virus In Prisons case (Suo Motu Writ Petition(C) No.1 of 2020) and a Full Bench of this

Court in W.P(C)No.9400 of 2020 issued various salutary directions for minimizing the number of inmates inside prisons. These happened during the

1st wave of COVID-19 season.

Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram. P v

Directorate of Enforcement (2019 (16) SCALE 870), after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail

remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing

fair trial.

Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed

with the following directions:

Petitioner shall be released on bail on 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 jurisdictional Court.

The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the

investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the Court or to any police officer.

Petitioner shall not leave India without permission of the jurisdictional Court.

Petitioner shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which he is suspected.

The petitioner shall strictly abide by the various guidelines issued by the State Government and Central Government with respect to keeping of

social distancing in the wake of Covid 19 pandemic.

If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is

granted by this Court.