O R D E R

Dated this the 2nd day of March 2021 Application for regular bail under Section 439 of Cr.P.C.

The applicant is the sole accused in Crime No.7/2021 of Edavanna Police Station for having allegedly committed offence punishable under Section 20(a) (i) of the Narcotic Drugs and Psychotropic Substances Act.

2. The prosecution case, in brief, is that on 05.01.2021 at about 10.30 a.m., the police officials of Edavanna Police Station found the accused cultivating cannabis plant in front of VP quarters bearing No. IX/266 Edavanna Grama Panchayat and he was arrested and remanded to judicial custody on the same day.

3. The applicant states that he is innocent and the allegations are not true. He has got nothing to do with the alleged plant and that there are several persons residing in the quarters, and therefore there are no specific materials to indicate that he is the person who had cultivated the plant.

Hence, he seeks bail.

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

5. The learned Public Prosecutor submits that there are statements of witnesses, which indicates that the applicant is the person who had planted the plant and was nurturing it. Under the circumstances, the bail application is opposed. However, it is admitted that the applicant has no criminal antecedents. The learned Public Prosecutor also expresses his anxiety about the applicant fleeing from justice if he is released on bail because he is a person belonging to West Bengal and therefore insists on local sureties.

After having heard the submissions made on both sides, I find that the applicant has no criminal antecedents. He is cultivating only one cannabis plant. Considering the gravity of the offence and the fact regarding his antecedents, I am inclined to grant bail to the applicant. Hence, the application is allowed and the applicant is directed to be released on bail on the execution of bond for Rs.25,000/-(Rupees twenty five thousand only) with two local solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall report his presence before the investigating officer on all alternate Saturdays between 8 a.m. and 12 noon till the trial gets over.

(ii) He shall not leave the jurisdiction of the Kerala State without the permission of the jurisdictional court.

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

(iv) 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.