Maneesh vs State Of Kerala

V.G.Arun, J

Petitioner is the third accused in Crime No.658 of 2021 of Koratty Police Station, registered for offences punishable under Sections 20(b)(ii)C, 25 and 29 of the NDPS Act and 182A of MV Act. The crime is registered on the allegation that, on 24.07.2021, the police party, recovered 209.700 Kg of dried ganja from a lorry bearing registration No.KL-63-3428 and a car bearing registration No.KL-49 K 6022. The petitioner was one of the passengers in the car and was arrested on 24.07.2021 itself.

Learned Counsel for the petitioner submits that the petitioner has been continuing in custody for almost 900 days and there is no possibility of the sessions case being decided in the near future. It is submitted that the first accused was granted bail by this Court as per Annexure I order, based on the decisions of the Apex Court in Mohd Muslim @ Hussain v State (NCT of Delhi) [2023 SCC OnLine 352] and Rabi Prakash v. State of Odisha [2023 SCC OnLine SC 1109].

I heard learned Public Prosecutor also. Inasmuch as the first accused is granted bail and there being no possibility of the sessions case being decided in the immediate future, the petitioner is also entitled for bail. As held by the Apex Court in Mohd Muslim @ Hussain (supra), the rigor of Section 37 of the NDPS Act gets diluted by reason of the undue delay in deciding the case.

In the result, the bail application is allowed on the following conditions;

(i) Petitioner shall be enlarged on bail, on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the court below.

(ii) Petitioner shall surrender his passport in the court below within one week of his release on bail and if he does not hold a passport, file an affidavit stating that fact.

(iii) Petitioner shall not get involved in any other crime while on bail.

(iv) Petitioner shall not attempt to intimidate the de facto complainant or influence the witnesses.

(v) If the petitioner violates any of the above conditions, the Prosecution will be at liberty to approach this Court for cancellation of the bail.