Jethro Varghese vs State Of Kerala

C.Pratheep Kumar, J

This is an application for regular bail filed by the accused persons 1 and 3 in Crime No.34/2024 of Excise Enforcement and Anti-Narcotic Special Squad, Kottayam. The offences alleged against the petitioners are under Sections 20(b)(ii)(A), 22(b) and 29 of NDPS Act.

The prosecution case is that, on 15.03.2024, at about 05.10 pm, the petitioners along with other accused were found in possession of 3.297 grams of MDMA and 20 grams of Ganja in a car bearing registration No.KL-30-D-2433

Learned counsel for the petitioners produced order in B.A. No.3391/2024 dated 25.04.2024, in which the second accused was granted bail by this Court.

Though the application was opposed by the learned Public Prosecutor, he submitted that there is no similar offences reported against the petitioners.

Considering the fact that the second accused was granted bail by this Court and there is no criminal antecedents reported against the petitioners, I am inclined to grant bail to the petitioners subject to the following conditions:-

(i) The petitioners shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m till the final report is filed. They shall also report before the Investigating Officer as and when directed.

(ii) The petitioners shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioners shall not commit any offence while he is on bail;

(iv) The petitioners shall surrender his passport, if any, before the court below at the time of execution of the bond. If they have no passport, they shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) The petitioners shall furnish their present address and mobile number to the Investigating Officer as well as before the jurisdictional Court.

(vi) The petitioners shall not leave the territorial jurisdiction of the Court of Session, Kottayam without previous permission of the said court.

(vii)In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(viii)Applications for deletion/modification of the bail conditions shall be filed and entertained before the court below.

(ix) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State of Delhi and another [2020 (1) KHC 663].