Vadivel Sivanmalai vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of Code of Criminal Procedure, 1973.

Petitioner is the 18th accused in Crime No.731 of 2020 of Haripad Police Station, Alappuzha District, alleging offences punishable under Sections 8(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

According to the prosecution, on 7-11-2021 on getting information, the Investigating Officer proceeded to room No.61 of ‘Mangalya Resorts’ and detained seven persons and during search they seized 52.410 grams of Methylene Dioxy Metha Amphetamine (MDMA). Subsequent investigation revealed that the other accused had also participated in the crime and the petitioner was arrested on 25-11-2022.

Sri. Omar Salim, the learned counsel for the petitioner submitted that despite the lapse of 180 days under custody, the final report has not yet been filed, and nor has any petition been filed under Section 36A (iv) of the NDPS Act thereby entitling the petitioner to statutory bail.

On 31-05-2023, this court called for a report from the learned Sessions Judge Alappuzha. By communication dated 5-06-2023, it is informed that the final report has not yet been submitted nor has any petition for extension of time been filed under Section 36A (iv) of the Act. It is also stated that petitioner has already completed 180 days in judicial custody.

In view of the report of the learned Sessions Judge as mentioned above, which is also endorsed by the learned Public Prosecutor, I am of the view that the petitioner is entitled to be released on statutory bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.