The court allowed bail while imposing conditions, emphasizing that further detention was unnecessary under the circumstances.

ORDER

This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioner is the accused in Crime No.77/2020 of Chittur Police Station registered for the offences punishable under section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 , which is now pendign as S.C.No.886/2020 on the files of the Additional Sessions Court-

III, Palakkad.

3. The prosecution case is that, on 21.10.2020, the accused was found in possession of 10.020 kg of Ganja and thereby committed the offences alleged. Petitioner was arrested on the date of detection itself and was subsequently granted bail. However, petitioner absconded from 2021 onwards and later, on 21.10.2025, pursuant to the non bailable warrant issued against him, he surrendered and thereafter he has been in custody since then.

4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner has been in custody since 21.10.2025, he ought to be released on bail.

6. The learned Public Prosecutor opposed the bail application and submitted that petitioner ought not to be released on bail.

7. Petitioner was found to be in possession of intermediate quantity of contraband and was granted bail initially. Subsequently, since he absconded, proceedings were initiated, and he surrendered on 21.10.2025. Having regard to the period of custody already undergone by the petitioner, and also considering the contention that he had left the State only due to Covid-19 Pandemic, I am of the view that further detention is not necessary and that appropriate conditions can be imposed to ensure the presence of the petitioner during the trial of the case.

8. In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall appear before the Court on all posting dates without fail, once the trial starts.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave the State of Kerala without the permission of the jurisdictional Court.

In case of violation of any of the above conditions, or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.