Petitioner is the 3rd accused in Crime No.861 of 2014 of the Kattapana Police station for the offences punishable under Secs.20(b)(ii)(B) of the NDPS Act, 1985 for alleged possession and transportation of 1.960 kgs of Ganja in a vehicle on 25.05.2014, is in custody since then and seeks bail. 2. I have heard the learned Public Prosecutor and learned counsel for the petitioner. Learned Public Prosecutor has pointed out that on 25.05.2014, the police found a TATA SUMO vehicle with 5 persons including the driver going along the road, that vehicle was stopped and immediately thereon, a person (the 5th accused) opened the door on the left side and escaped. 1.920 kgs of ganja kept in a big shopper was seized from beneath the front, left seat of the vehicle. Petitioner along with others (except the person who escaped) was arrested.
3. Learned Senior Advocate submits that the petitioner is a B-Tech graduate and unfortunately accepted an invitation to go to high range. On the way, a person (according to the learned Senior Advocate, the 5th accused) got into the vehicle to show the way. He was carrying the big shopper.
4. On hearing both sides, it appears that the big shopper containing the contraband was seized from beneath the front, left seat. It is not clear whether the person who allegedly escaped from the car was sitting on the front left seat though it is stated in the mahazar that he opened the door on the left side and escaped. Petitioner is not reported to be involved in any other case from the Kattappana Police Station. In the circumstances, I am inclined to grant bail to the petitioner but subject to conditions.
The application is allowed as under:
Petitioner is granted bail in Crime No.861 of 2014 of the Kattappana Police Station and shall be released, if not required to be detained otherwise on his executing bond for Rs.30,000/- (Rupees Thirty Thousand Only) with three sureties for the like sum each to the satisfaction of the learned Special Judge (for trial of NDPS Act Cases), Thodupuzha and subject to the following conditions:
(a) Whether or not he/she has landed properties, one of the sureties shall be the father/mother/brother/close relative of the petitioner.
(b) Petitioner shall report to the Officer investigating the case on every alternate Saturday between 10 a.m and 12 p.m until otherwise ordered by the learned Special Judge (for trial of NDPS Act Cases), Thodupuzha.
(c) Petitioner shall report to the Investigating Officer as and when directed for interrogation.
(d) Petitioner shall not, during the period of this bail get involved in any offence.
(e) Petitioner shall not intimidate or influence the witnesses.
(f) In case of violation of any of condition Nos.(b) to (e), bail granted hereby is liable to be cancelled by moving application before the learned Special Judge (for trial of NDPS Act Cases), Thodupuzha as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge