A defendant may be granted bail even with criminal antecedents if the ongoing detention lacks necessity and no compelling evidence is presented.

ORDER

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

2. The applicant is the accused No.1 in Crime No.716/2024 of Kalamassery Police Station, Ernakulam District. The offences alleged are punishable under Sections 20 (b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985.

3. The prosecution case, in short, is that the applicant was found in possession of 1.622 kgs of ganja on 25.07.2024 at 05:30 p.m., and thereby committed the offences.

4. I have heard Sri. P. Mohamed Sabah, the learned counsel for the applicant and Smt. M.K. Pushpalatha, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on 25.07.2024. The accused No.2 is already on bail. The final report has already been filed. It is true that the applicant has criminal antecedents involving offences of a similar nature. He is involved in five cases under the NDPS Act. But the quantity involved in all those cases are small quantity and they are bailable in nature. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

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

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall not commit any offence of a like nature while on bail.

(iii) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(iv) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(v) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.