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Judgment
Shircy V, J
Application for regular bail.
The petitioner is the accused in Crime No.92/2021 of Kodakara Police Station registered for the offences punishable under Sections 20(b)(ii)B of
the NDPS Act.
The petitioner has been in custody since 2.03.2021.
The prosecution case is as follows:
Acting on a tip off the police conducted a search in the residence of this petitioner and found him in possession of 5.670 kg of ganja at his residence
stored for sale in contravention of the provisions of the NDPS Act and thereby he has committed the aforesaid offences.
It is submitted by the learned counsel for the petitioner that he is aged 60 years suffering from various ailments. In fact the police has seized the
contraband from a well near his residence, whis is not in frequent use by the petitioner and his family members. He has been falsely implicated in the
case by the police and hence this application for his release on bail.
It is submitted by the learned Public Prosecutor that he is having criminal antecedents but he is not involved in any other NDPS case and all the
other cases are old cases and in most of the cases he had been acquitted.
The investigation of the case is over and charge sheet has been filed and now the case is pending as S.C.No.520/2021 before the Sessions Court,
Thrissur. Though the offence alleged against this petitioner is grave and serious in nature, considering the present situation of the pandemic in our
country and age of the petitioner, I am inclined to release him on bail subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to
the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise 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.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.