Vaisakh vs State Of Kerala

Jobin Sebastian, J

These Bail Applications have been filed by accused Nos. 1 & 2 in crime No.924 of 2024 of Chithara Police Station registered alleging commission of offences punishable under Sections 20(b)(ii)(B) & 29 of the Narcotic Drugs and Pshychotropic Substances Act, 1985.

The prosecution allegation is that on 26.10.2024 at 8.50 pm, both the accused were found possessing 1.370 Kgms of Ganja, in a car parked on the side of Paruthuvila Thinavila road near Thinavila Anganwadi, for the purpose of sale in violation of the provisions of the NDPS Act. It is alleged that the offence was committed in pursuance of a conspiracy hatched between both the accused. Hence the accused are alleged to have committed the offences mentioned above.

Heard both sides and perused the available records.

As already stated, the specific accusation which the petitioners are facing is that they were found sitting in a car possessing 1.370 Kgms of dried Ganja inside the said car for the purpose of sale. The allegation that the petitioners dared to possess Ganja for the purpose of sale in a car parked in a public place cannot be viewed lightly. This case is seen detected by the detecting officer while he was conducting law and order duty. The petitioners were caught red handed with the contra-band on 26.10.2024 and since then, they have been in custody. The quantity of contra-band seized in this case is 1.370 kgms of dried Ganja which is just above small quantity. Now the petitioners have completed 68 days in judicial custody. The investigation in this case has crossed its major and crucial part. Moreover, no criminal antecedents are seen pointed out against the petitioners. Hence, considering the days of detention already undergone by the petitioners and the stage of investigation, I am inclined to grant bail on the following conditions:

In the result, these Bail Applications are allowed on the following conditions:

1 The petitioners shall be released on bail on them executing a bond for Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

2 The petitioners shall appear before the Investigating Officer on every Second Saturdays between 10 a.m. and 11 a.m., starting from 11.01.2025 for a period of three months or till the final report is filed, whichever occurs first.

3 The petitioners shall also appear before the investigating officer as and when required and shall cooperate with the investigation.

4 The petitioners shall not intimidate or influence the witnesses; or tamper with the evidence.

5 The petitioners shall not commit any offence while they are on bail.

6 It is made clear that, in the event of a violation of any of the above conditions, the investigating officer is at liberty to approach the jurisdictional court for cancellation of bail. In that event, the jurisdictional court shall consider such application and pass appropriate orders.