AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
13 paragraphs · 399 wordsP. G. Ajithkumar, J
This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.
The petitioner is the accused in Crime No. 51 of 2024 of Vazhikadavu Police Station. He allegedly had committed the offences punishable under Sections 20(b)(ii)B of the NDPS Act, 1985. The case against the petitioner is now pending as Sessions Case No.308 of 2024 before the Special Court for the trial of NDPS Act Cases, Manjeri.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
The prosecution allegation is that on 16.01.2024 at 7.30 PM, the petitioner along with two others was found in possession 2.520 Kgs of ganja.
The petitioner would contend that he did not involve in the alleged crime and without any material or evidence, he has been implicated in the crime. He is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for his further detention.
The learned Public Prosecutor would submit that considering the seriousness of the offence and the possibility of interfering with the investigation by the petitioner in the event of his release on bail, this petition deserve only to be dismissed.
The petitioner is the 3rd accused. Accused nos.1 and 2 were already released on bail. Since the Final Report is filed and the matter is pending trial, I am of the view that a lenient view can be taken in the matter of grant of bail. However, having considered the fact that the petitioner is involved in another case where also an offence under the NDPS Act is alleged, the petitioner is entitled to be released on bail on strict conditions.
In the result, the bail application is allowed and the petitioner is granted bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:
(i) He shall not influence or intimidate witnesses or tamper with evidence;
(ii) He shall appear before the investigating officer as and when called for; and
(iii) During the bail period, he shall not get involved in any offence.
In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.