Sumal Varghese vs State Of Kerala

A. Badharudeen, J

This is an application for regular bail filed by the 4th accused in Crime No.228/2022 of Thadiyittaparambu Police Station, where he alleged to have committed offences under Section 20(b)(ii)B & (C) of the Narcotic Drugs and Psychotropic Substances Act.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

The prosecution case in brief is that on 27.03.2022 at 8.25 p.m, when the police party searched the house of the 1st accused, it was found that the 1st accused kept 1.845 kg. of ganja for sale along with an electronic digital weighing machine for measuring the contraband at his house. The 4th accused was taken into custody from his house alleging that he had facilitated the 1st accused in procuring the contraband and thereby committed the aforesaid offences. Thereafter, crime registered and the same is on investigation.

It is submitted by the learned counsel for the petitioner/4th accused that the 4th accused is innocent and he has no involvement in this crime. He also submitted that the petitioner was arrested on 27.03.2022 and has been in custody till now. Highlighting the progress of investigation and the stature of the petitioner as the first time offender, the learned counsel pressed for granting regular bail.

The learned Public Prosecutor opposed regular bail highlighting the seriousness of the offence alleged to have committed and also the premature stage of investigation.

In this matter, the 1st accused kept 1.845 kg. of ganja for sale and an electronic digital weighing machine for measuring the contraband at his house. The 4th accused was taken into custody from his house alleging that he had facilitated the 1st accused in procuring the contraband and thereby committed the aforesaid offences and thus the prosecution case is well made out, prima facie. However, it appears that the petitioner has no criminal antecedents. Since he has been in custody from 27.03.2022, I am of the view that his further custody for the purpose of investigation is not required and, therefore, he can be enlarged on bail on the following conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with trial and shall be available for trial.

iv. The petitioner shall not leave the jurisdiction without prior permission of the trial court.

v. The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial court. If he has no passports, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported to came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.