Shibu vs State Of Kerala

Ziyad Rahman A.A., J

Petitioner is the accused in Crime No.101/2020 of Kasaba Police Station, Palakkad. The offences alleged against the petitioner is under Section 20(a) of Narcotic Drugs and Psychotropic Substances Act. The allegation against the petitioner is that, he along with other accused, were found cultivating Cannabis plants in the property of CW 9, 10, and 11 and thereby committed the offences.

Earlier, petitioner was arrested on 13.10.2020, and thereafter he was released on bail as per order dated 14.11.2020, passed by the Principle Sessions Court, Palakkad. The aforesaid bail was granted subject to certain conditions and one of the conditions was to the effect that he shall not commit any similar officence while on bail. However, subsequently, petitioner got involved in Crime No.64/2022 of Kasaba Police Station registered for the offences punishable under Section 506(i) and 294(b) of the same Act. On the basis of the same, an application was submitted by the Station House Officer concerned for cancellation of bail granted to the petitioner. Accordingly, the learned Sessions Judge cancelled the bail, and consequently, petitioner was arrested on 04.08.2022. Since then, the petitioner has been under detention. This application is submitted in such circumstances seeking regular bail.

Heard Sri. V.A,Johnson, learned Counsel appearing for the petitioner, and Sri. C.N.Prabhakaran, learned Public Prosecutor appearing for the Sate.

The learned Counsel for the petitioner submits that the petitioner was co-operating with the investigation and the bail was canceled only because of the reason that he happened to be involved in another case. It is pointed out that the offences in the subsequent crime are bailable in nature and the allegations are minor as well. Petitioner submits that he is prepared to abide by any condition that may be imposed by this Court.

On the other hand, learned Public Prosecutor opposed the aforesaid contention by pointing out that the petitioner has misused the liberty granted by the Court and therefore, bail cannot be granted to the petitioner.

I have gone through the records. It is true that, the petitioner got involved in another crime consequent to the release of the petitioner on bail. However, the offences are not very serious and are bailable as well. The petitioner is in detention since 04.08.2022.

In such circumstances, taking note of the period of detention petitioner had already undergone and the minor nature of the offences alleged against the petitioner in the subsequent offences, I deem it appropriate to grant the prayer sought for by the petitioner. Accordingly, this bail application is allowed and the petitioner shall be released on bail subject to the following conditions:

1) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

2) The petitioner shall comply with all the conditions imposed upon him while he was released on bail on the earlier occasions.

3) The petitioner shall appear before the Investigating Officer as and when required.

4) The petitioner shall not commit any offence of similar nature while on bail.

5) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

6) The petitioner shall not leave the State of Kerala without the permission of the jurisdictional court.

7) The petitioner shall surrender his passport before the Jurisdictional court and, in case he does not have a passport, an affidavit to that effect shall be filed.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.