Venugopal vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioner is the accused in Crime No.27/2021 of Excise Range, Tirur, Malappuram District registered for the offence punishable under Section 20(b) ii (B) of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS' Act), has moved this application for his release on bail under Section 439 of the Code of Criminal Procedure.

The petitioner has been in custody since 09.10.2021.

The prosecution allegation is that on 08.10.2021 at about 1.30 p.m, the excise team received a secret information that this petitioner is dealing with narcotic items and the same has been concealed in his residential house. On receiving the information the excise team proceeded to the residence of this petitioner and conducted search of House No.VIII/68 at Cheriyamundam Panchayath in Tirur and ceased 1.150 Kg of ganja concealed in the bed room, in contravention of the provisions of the NDPS Act and thereby he has been booked for the aforesaid offence.

According to the learned counsel for the petitioner, he has been falsely implicated in the case. In fact, he has absolutely no connection with the contraband articles alleged to have seized by the excise officials. It is further submitted by the learned counsel for the petitioner that, his mother is completely laid up and his brother is a mentally retarded person and there is no one to look after his mother as well his brother. The learned counsel has produced Annexure A medical certificate pertaining to the treatment of his mother from the Department of Orthopaedics Kims Al Shifa Hospital, Perinthalmanna and Annexure B the MRI report and Annexure C another medical certificate issued from Tirur City Hospital in support of his contention that his mother, who is ailing is undergoing treatment. According to the learned counsel, as there is no one to take care of his ailing mother and mentally retarded brother, a lenient approach may be taken in this case to enable him to cater their needs.

The learned Public Prosecutor has no case that the documents produced by the petitioner is not pertaining to his mother. On instructions the learned Public Prosecutor has also submitted that this petitioner has no criminal antecedents.

Heard both sides. Perused the records.

The contraband involved in this case is 1.150 Kg of ganja, and the same was seized by the excise officials on 09.10.2021 and he was apprehended on the very same day from his residence. Of course the gravity of the offence alleged against him is grave and serious. But commercial quantity of drugs is not involved in this case and so this bail application can be considered as the rigor under Section 37 is not here in this case. Considering the fact that this petitioner has no criminal antecedents and the investigation of the case has progressed, I think that a lenient approach can be taken in this particular case as there is no one to take care of his ailing mother and mentally retarded brother. Considering all these facts, I think that he can be released 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 once in a month (on first Monday of every month between 10.00 a.m and 11.00 a.m) till filing of the final report.

(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 jurisdictional court is empowered to cancel the bail in accordance with the law.