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2021 DIGILAW 267 (KER)

Noushad K. , Son of Assainar v. State Of Kerala

2021-03-12

ASHOK MENON

body2021
ORDER : Application for regular bail under Section 439 of Cr.P.C. The applicant is the 2nd accused in Crime No.708/2020 of Nileswar Police Station for having allegedly committed offences punishable under Sections 20(b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution case, in brief, is that on 12.10.2020 at about 12.30 p.m., the applicant and 1st accused were intercepted and found transporting 9.8 kgs of ganja in a Maruti Swift Car bearing registration No.KL14T2141 near Pallikkara Railway Gate in Perole Village. They were apprehended and remanded to Judicial custody. 3. The 1st accused was granted bail. The applicant's bail application before the jurisdictional court was dismissed as withdrawn in view of the fact the applicant is a criminal having 15 other crimes registered against him. The applicant has now been in custody for 147 days. The final report has been filed and taken on file at the jurisdictional court as SC No.526/2020. The applicant prays that he may be granted bail, since he has been in custody for a fairly long time. Moreover, the embargo under Section 37 of NDPS Act is not attracted in this case, since the quantity involved is only intermediary. It is stated that he has been falsely implicated. 4. Heard the learned counsel for the applicant and the learned Public Prosecutor. 5. The learned Public Prosecutor points out that the applicant has seven cases coming under Section 380 registered against him. He has two NDPS cases and rest of the cases are under the IPC and PDPP Act. In case he is released on bail there is every possibility that he may get involved in offences of similar nature and therefore the application for bail is vehemently opposed by the learned Public Prosecutor. 6. The applicant has not yet been convicted in any other cases. He has been in custody for 147 days. The final report has been filed and and the trial is likely to take place briefly. Event though the applicant has 15 other criminal cases registered against him, he has only two cases coming under the NDPS Act registered against him. In those cases, he has been granted bail because the quantity involved is not commercial. Considering these facts and circumstances, I find that the rigor under Section 37 of the NDPS Act is also not applicable. In those cases, he has been granted bail because the quantity involved is not commercial. Considering these facts and circumstances, I find that the rigor under Section 37 of the NDPS Act is also not applicable. The application is allowed and the applicant is therefore directed to be released on bail on execution of bond for Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:- (i) He shall surrender his passport before the jurisdictional court and shall not go abroad without the permission of the court. In case he does not have a passport, he shall file an affidavit to that effect. The release of the passport shall also be done by the jurisdictional court in case he is permitted to go abroad. (ii) He shall not leave the jurisdiction of the present residence and shall furnish his address and phone number to the investigating officer. He shall not leave the jurisdiction of the court without seeking permission of the jurisdictional court. (iii) He shall attend the trial on all posting dates unless specifically exempted. (iv) He shall not get involved in similar cases during the currency of the bail. (v) He shall not tamper with evidence, intimidate or influence the witnesses. In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.