Prassanakumar Nayak vs State Of Kerala

Application for regular bail under Section 439 of Cr.P.C. Applicant is the sole accused in Crime No.9/2021 of Excise Squad, Palakkad for having allegedly committed offences punishable under Sections 20(b) (ii) B of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution case, in brief, is that on 15.01.2021 at about 4.15 p.m., the applicant was found to be in possession of 4 kgs of ganja in violation of the aforesaid provision. It is stated while he was travelling on a train from Orissa to Ernakulam, he was arrested by the Officers of the Excise Squad, Palakkad. He was remanded to judicial custody and continues to be in judicial custody.

The applicant states that he is innocent and the allegations are not true. He was working at Mughal Hotel near Ernakulam South Railway Station. He was coming to Ernakulam along with a person named Jose, and two others from Orissa for working in the hotel. He has no criminal antecedents and therefore, he seeks regular bail.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The applicant has been in custody for about 60 days now. The final report has not yet been filed. He has no criminal antecedents. The quantity involved is only intermediary. The rigour under section 37 of the NDPS Act is not applicable. The only objection raised by the learned Public Prosecutor is that he belongs to Orissa and does not have a permanent residence in Kerala. Therefore, there is every possibility that in case he is released on bail, he may not be available for trial.

Considering the entire facts and circumstances of this case, the application is allowed and the applicant is directed to be released on bail on the execution of bond for Rs.1,00,000/-(Rupees one lakh only) with two local sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall not leave the jurisdiction of the Ernakulam and shall furnish his mobile number and address to the investigating officer.

(ii) He shall deposit a sum of Rs.10,000/- (Rupees ten thousand only) as security before the trial court to ensure his appearance. The amount shall stand forfeited in case of his absconding, or shall be released by the jurisdictional court appropriately, on disposal of the case.

(iii) He shall appear before the investigating officer as and when called for.

(iv) He shall not tamper with evidence, intimidate or influence the witnesses.

(v) He shall not get involved in similar offences during the currency of the bail.

In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.