Sundaran vs State Of Kerala

K.Haripal, J

Petitioner is the second accused in Crime No.268/2021 of Ollur Police Station which was registered alleging offence under Section 20(b) (ii)(c) of the NDPS Act. The Crime was registered after seizing 27.530 kilo grams of ganja from the petitioner and another on 27.04.2021. He was arrested along with the contraband and since then is in judicial custody. This is the second application moved by him for bail, under Section 439 of the Cr.P.C.

When taken up for hearing, learned counsel submits that he is continuing in custody from 27.04.2021 that has completed 185 days in custody, so far charge sheet has not been laid nor an application for extension of period of investigation has been filed under the proviso to Section 36A of the NDPS Act.

Learned Senior Public Prosecutor has ascertained these facts from the Investigating Officer. The petitioner is in judicial custody for more than 180 days, that investigation is still going on; It is also evident that an application for extension of the period of  investigation  beyond  180  days  has  not  been  filed. As  a necessary corollary, the petitioner is entitled to get statutory bail and therefore, shall be released on bail on the following conditions:

i) The petitioner shall execute bond 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) He shall not try to contact or influence the witnesses or tamper with the evidence;

iii) He shall not leave the country without permission of the jurisdictional Court;

iv) He shall surrender the passport before the Special Court within ten days from release; if he does not posses one, an affidavit to that effect shall be filed;

v) He shall not involve in any crime during the period on bail;

vi) He shall appear before the Investigating Officer/ trial Court as and when required.

vii) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19 pandemic; viii)If any of the above conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

It goes without saying that he shall be released only, if his detention is not necessary in any other case.

The bail application is allowed as above.