Sudheesh vs State Of Kerala

Gopinath P, J

The petitioners are accused Nos. 1 and 2 in Crime No.1166/2020 of Ottapalam Police Station, now pending as S.C.No.70/2021 on the file of the Additional District and Sessions Court-IV, Palakkad, alleging commission of offences punishable under Sections 22(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act').

The prosecution case is that on 3.12.2020 at about 12 a.m., the petitioners were found inside a car bearing Registration No.KL-65-L-5358 under suspicious circumstances and on an interception by the police party, they were found to be in possession of 22.160 Kg of ganja and thereby, the petitioners have committed the offences alleged against them. The earlier bail application filed by the petitioners was rejected in the light of the provisions in Section 37 of the NDPS Act, finding the petitioners cannot be granted bail. The petitioners have been in custody from 3.12.2020 and have, therefore, completed nearly three years in custody. Though, by Annexure-1 order in B.A.No.2242/2023, the trial Court was directed to dispose of S.C.No.70/2021 [pending on the file of the Additional District and Sessions Court-IV, Palakkad], it is submitted that it is unlikely that the trial of the case can be completed within a short time.

Having heard the learned counsel for the petitioners and the learned Public Prosecutor and having regard to the order of the Supreme Court in Rabi Prakash v. The State of Odisha; 2023 Live Law (SC) 5033, and taking into consideration of the fact that no criminal antecedents are reported against the petitioners and also taking into consideration of the fact that they have already been in custody nearly three years, I am of the opinion that the petitioners can be granted bail. The Supreme Court in Rabi Prakash (Supra) had considered the provisions of Section 37 of the NDPS Act and held that when long period of incarceration coupled with the fact that the accused has no criminal antecedents are taken into consideration together, the Court must lean in favour of granting bail taking cue from the provisions of Article 21 of the Constitution of India.

In the result this bail application is allowed, and the petitioners shall be released on bail subject to the following conditions:-

i. The petitioners shall be released on bail on executing separate bonds for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

ii. The petitioners shall report before the Investigating Officer every Saturday between 9 a.m. and 10 a.m. till the final report is laid;

iii. The petitioners shall furnish their residential address, including mobile phone number, to the investigating officer as well as to the court.

iv. The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

v. The petitioners shall not be involved in any other crime while on bail.

vi. If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.