Petition filed under Section 439 Cr.P.C.
2. Petitioner is the 5th accused in Crime No.908/2014 of the Vattappara Police Station, Thiruvananthapuram registered for the offences punishable under Section 420 read with Section 34 of the Indian Penal Code and Sections 20(b)(ii)(A), 23(a) and 29 of the Narcotic Drugs and Psychotropic Substances Act,1985.
3. This is a case in which A1 to A6 had attempted to make it appear that one Anshar, who is the son of the defacto complainant working in Kuwait, is a carrier of narcotic drugs. It is alleged that A1 and A3 to A6 had prepared pickle in which 5.600 gms of ganja was immersed.
After covering it with insulation tape the said pickle containing ganja was handed over to the defacto complainant by A1 along with A3 on 27.10.2014, on the date on which his son Anzhar had to leave for Kuwait, for handing over it to A2 in Kuwait. Fortunately for him, there was no space in his luggage to accommodate the said container and thereby it was left out. When the defacto complainant subsequently examined the contents of the pickle, he could trace out ganja from it. The petitioner was arrested on 29.11.2014 and thereafter, he has been in custody.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. Even though the allegations against the petitioner are very grave and serious, it seems that no criminal antecedents have been reported against him. Investigation of this case, as far as the petitioner is concerned, is practically over. A2 still remains in Kuwait and therefore, he could not be placed under arrest. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and the absence of any criminal antecedents on his part, I am of the view that the petitioner can be enlarged on bail.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court below, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Mondays and Thursdays commencing from 22.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge