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Judgment
This Bail Application is filed under Section 439 of the Code of Criminal Procedure.
The petitioner is a juvenile involved in Crime No.17/2020 of Erattupetta Excise Range Office of Kottayam District. The offence alleged against the petitioner is punishable under Section 20 (b) (ii) B of NDPS Act.
The prosecution case is that, on 27.12.2020 at 12.50 P.M, the petitioner was found in possession of 1.050 Kg. of Ganja.
The petitioner was arrested on 27.12.2020 and he has been in judicial custody since then.
The case of the petitioner is that he is absolutely innocent of the allegations levelled against him. It is submitted by the petitioner that he has no connection with the alleged incidents.
The learned Public Prosecutor submitted that the investigation is almost over and as a matter of fact the petitioner is entitled to statutory bail.
The learned counsel for the petitioner submitted that the close relatives of the petitioner are prepared to stand as sureties.
No materials have been placed before the court for believing that the release of the petitioner is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger.
Having regard to the entire circumstances, this Court is of the view that, the petitioner is entitled to be released on bail on conditions.
In the result, this Bail Application is allowed subject to the following conditions :
(a) The petitioner is ordered to be released on bail on a bond, executed by two solvent sureties, for Rs.1,00,000/- (Rupees One Lakh only) each to the satisfaction of the Juvenile Justice Board concerned. One of the sureties shall be a close relative of the petitioner.
(b) The petitioner shall appear before the Investigating Officer as and when required.
(c) The petitioner will be under the supervision of the District Probation Officer concerned who shall file monthly reports to the Juvenile Justice Board concerned.
(d) The petitioner shall not leave Kottayam Revenue District without the prior permission of the Juvenile Justice Board.
(e) The sureties shall furnish the details regarding the place of residence of the petitioner before the Juvenile Justice Board.
(f) The petitioner shall not try to influence the prosecution witnesses or attempt to tamper with the evidence for the prosecution.