Vineeth vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioners are accused Nos.1 and 2 in Crime No.80 of 2022 of Excise Range Office, Palakkad registered alleging commission of offences punishable under Sections 22(b), 25, 29 and 32B(a) of the Narcotic Drugs and Psychotropic Substances Act.

Prosecution allegation is that while the petitioners were returning from Bangalore to Kayamkulam, Excise Enforcement authorities attempted to stop the vehicle and the information was passed to police as well as the Excise authorities and chased the vehicle and obstructed the vehicle and in search, they seized 20.44 grams of methamphetamine and 4 mobile phones, 1 steel knife, 1 revolver and Rs.1,050/- from the car which was driven by one of the accused. Thus the accused have committed the abovesaid offences.

Petitioners are in custody from 28.10.2022 onwards and that they have been falsely implicated in the abovesaid crime. Petitioners further submit that they have no other criminal antecedents. Learned counsel for the petitioners submitted that the 1st petitioner is a student and the 2nd petitioner who completed degree is a renowned vlogger. Petitioners' specific case is that there is non-compliance of the provisions of Section 50 of the NDPS Act.

Learned Public Prosecutor upon instructions submitted that intermediate quantity of narcotic drug, one steel knife and one revolver were seized from the car in which the petitioners were travelling. To which the learned counsel for the petitioners submitted that the knife and revolver are kept in the car in connection with recording of a video as the 2nd petitioner is a vlogger. Learned Public Prosecutor upon instructions further submitted that they have no other criminal antecedents.

Considering the facts and circumstances of the case and also taking note of the fact that the petitioners have no other criminal antecedents and that the 1st petitioner is a student, I am inclined to grant bail to the petitioners. But taking note of the seriousness of the allegations, the same shall only be on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail subject to the following conditions:

(i) The petitioners shall execute a bond for Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court. One of the sureties shall be the parent or a close relative of the petitioners.

(ii) They shall appear before the investigating officer in Crime No.80 of 2022 of Excise Range Office, Palakkad on all Saturdays at 11.00 a.m. till completion of investigation.

(iii) They shall not leave the State of Kerala without obtaining prior permission from the jurisdictional court.

(iv) They shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(v) They shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.80 of 2022 of Excise Range Office, Palakkad may file an application before the jurisdictional court, for cancellation of bail.