Petitioner is the 4th accused in Crime No.861 of 2014 of the Kattappana Police Station for the offence punishable under Sec.20(b)(ii)(B) of the NDPS Act for alleged possession and transportation of 1.920 kgs of ganja, is in custody from 22.05.2014 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 (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 counsel submits that the petitioner is a BCA graduate and unfortunately accepted an invitation to go to high range. On the way, a person (according to the learned counsel, 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 big shopper containing the contraband was seized from beneath 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 these circumstances, I am inclined to grant bail to the petitioner but subject to conditions and from a future date since investigation is not completed.
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 `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).
(g) Since the investigation is not completed, this order granting bail will take effect only from 25.06.2014.
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge