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2022 Supreme(Online)(KER) 59886
HIGH COURT OF KERALA
VIJU ABRAHAM, J
ARAVIND.K – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl. 10197 2022
R.B.RAJESH, SMT.SEETHA.S -SR.PP
The court emphasized the importance of balancing the accused's right to bail with the seriousness of the allegations and prior criminal conduct.
Headnote:
Bail - Regular Bail - Narcotic Drugs and Psychotropic Substances Act - Sections 20, 22 - The court granted bail under stringent conditions considering custody duration and completion of investigation, while accounting for the petitioner's criminal history.
Fact of the Case:
The petitioner was accused of possession of narcotic drugs and psychotropic substances, including ganja and Nitrazepam tablets, and had been in custody since the date of arrest.
Finding of the Court:
The court acknowledged the petitioner's prolonged custody and the completion of the investigation as critical factors, ultimately deciding to grant bail subject to strict conditions.
Issues: Whether the petitioner should be granted bail despite existing criminal cases and serious allegations under the Narcotic Drugs and Psychotropic Substances Act.
Ratio Decidendi: Granting bail is justified when the accused has been in custody for an extended period, the investigation is concluded, and the potential for hindering the investigation is addressed through conditions.
Final Decision: Bail granted under stringent conditions.
O R D E R
This is an application for Regular Bail.
2. The petitioner is accused No.1 in Crime No.1410/2022 of Ernakulam Central Police Station, Ernakulam alleging commission of offences punishable under Sections 22 (b) & 20 B 11 A of the Narcotic Drugs and Psychotropic Substances Act , 1985.
3. The prosecution allegation is that, on 26.10.2022, the petitioner was found in possession of 47 Nitrazepam Tablets weighing 25.85 grams and 20 gms of ganja and thereby committed the aforesaid offences.
4. The learned counsel for the petitioner submitted that the petitioner is in custody from 26.10.2022 onwards and further that the investigation is practically over and his further detention is not required for the purpose of the investigation. It is also submitted that the final report is already laid.
5. The learned Public Prosecutor upon instructions submitted that the petitioner was found in possession of 20 gms of ganja and 47 Nitrazepam Tablets. It is further submitted that the petitioner is involved in 5 other criminal cases, out of which one is punishable under the provisions of NDPS Act.
6. Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 26.10.2022 and further that the final report is already laid, I am inclined to grant bail to the petitioner but taking note of the criminal antecedents of the petitioner and the seriousness of the allegations, the same shall only be on the following stringent conditions:
(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court ;
(ii) Petitioner shall appear before the investigating officer in Crime No.1410/2022 of Ernakulam Central Police Station, Ernakulam on every Saturday at 11 am for a period of six months;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.1410/2022 of Ernakulam Central Police Station, Ernakulam;
(iv) The petitioner shall not leave the State of Kerala without obtaining prior permission from the jurisdictional court;
(v) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.1410/2022 of Ernakulam Central Police Station, Ernakulam may file an application before the jurisdictional court, for cancellation of bail.
