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Judgment
A. Badharudeen, J.
The 3rd accused in Crime No.22/2023 of Gandhinagar Police Station, Kottayam, seeks regular bail in this petition filed under Section 439 of the Code of Civil Procedure.
The prosecution allegation is that the accused herein kept 11.780 kg of Ganja in 6 packets at the dickey of the car bearing Registration No.KL 05 AE 2066 at 7.45 p.m on 05.01.2023 and the same was seized by the police. Accordingly, crime alleging commission of offence punishable under Section 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act (`NDPS Act’ for short hereinafter) was initially registered by Ettumanoor Police Station, Kottayam, as Crime No.24/2023. Thereafter investigation was entrusted to Gandhinagar Police Station, Kottayam (vide Crime No.22/2023).
The learned counsel for the petitioner would submit that the petitioner is innocent and the allegations are false. According to the learned counsel for the petitioner, nothing seized from the conscious possession of the petitioner and the allegation is that the petitioner also travelled in the vehicle which followed the contraband in another car. Highlighting the progress of the investigation and the custody of the petitioner from 06.02.2023 along with the stature of the petitioner as first time offender, the learned counsel for the petitioner pursued the relief of regula bail in a case involving intermediate quantity of Ganja.
The learned Public Prosecutor though opposed bail pointing out the premature stage of the investigation, the learned Public Prosecutor conceded the fact that the petitioner is a first time offender.
I have perused the case diary along with the materials available. In this case the petitioner also was arrested on 06.02.2023 on the allegation that he also followed the car where from the contraband was seized. The truth of the allegation is a matter of evidence. However, taking note of the fact that the petitioner has been in custody from 06.02.2023 and the progress of the investigation read along with his status as that of first time offender, he can be enlarged on bail on conditions.
Accordingly, the petition stands allowed and the petitioner can be released on bail on the following conditions:
i. Accused/petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court concerned.
ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of one month and also appear before the Investigating Officer as and when directed.
iii. Accused/petitioner shall not leave India without prior permission of the jurisdictional court.
iv. Accused/petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial court. If he has no passports, he shall file an affidavit in this regard on be the date of execution of the bond or within 3 days thereafter.
v. Accused/petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same alone shall be a reason to cancel the bail hereby granted.