Subeesh @ Kokkan vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

The Petitioner is 1st accused in Crime No. 25/2022 of Chalakudy Excise Range, Thrissur District, alleging commission of offences punishable under Sections 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution case in brief is that on 29.08.2022 at 6.15 p.m at Koovakkattukunnu, the excise party attached to Chalakudy Excise Range found the petitioner along with another transporting I.900 kg of ganja on a motorbike bearing registration no KL-64-H-8224 and thereby committed the alleged offence.

The petitioner submitted that he was arrested on 29.08.2022 and is in custody since then. The petitioner has a specific contention that as he is arrested on 29.08.2022, he is entitled for statutory bail as on date, in as much as final report is not yet filed.

The learned Public Prosecutor upon instructions submitted that, it is true that final report is not yet filed and taking into consideration the period of detention, petitioner is entitled for statutory bail, but the learned Public Prosecutor opposed the application for bail mainly for the reason that petitioner is involved in 12 other criminal cases.

Considering the fact that the chargesheet is not yet laid, I am inclined to grant statutory bail to the petitioner, but taking into consideration the criminal antecedents, the same shall only be on stringent conditions.

In the result, the bail application is allowed and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

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

(ii) The petitioner shall appear before the investigating officer in Crime No. 25/2022 of Chalakudy Excise Range on all Saturdays at 11 am until further orders;

(iii) The petitioner shall not leave the jurisdiction of State of Kerala without obtaining orders from the jurisdictional court;

(iv) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No. 25/2022 of Chalakudy Excise Range;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 25/2022 of Chalakudy Excise Range, may file an application before the jurisdictional court, for cancellation of bail.