Petitioner is the first accused in Crime No.48 of 2014 of the Kannur Town Police Station for the offence punishable under Section 20(b)(ii)(B) of the NDPS Act, 1985 for alleged possession (along with two others) of a total of 6.600 kgs of Ganja on 09.01.2014, is in custody since then and seeks bail.
2. I have heard the learned Public Prosecutor and the learned counsel for the petitioner.
3. Learned Public Prosecutor submitted that the quantity seized from the possession of the petitioner personally is 4 kgs and that he is also involved in Crime No. 690 of 2012 of the same Police Station for similar offence. Final report is filed on 30.01.2014.
4. Learned counsel submits that the two other accused in the case are already released on bail.
5. Having regard to the relevant circumstances including that two of the accused are released on bail, I am inclined grant relief to the petitioner but subject to stringent conditions.
Application is allowed as under:
(i) Petitioner is granted bail in Crime No.48 of 2014 of the Kannur Town Police Station and shall be released on bail, (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, Vadakara and subject to the following conditions:
(a) Whether or not he/she has landed property, one of the sureties shall be the mother/father/brother/close relative of the petitioner.
(b) Petitioner shall report to the S.H.O., Azheekode Police Station on every alternate day between 04.00 p.m and 05.00 p.m. (except on the days he is required to attend any Court) until otherwise ordered by the learned Special Judge for trial of NDPS Act cases, Vadakara.
(c) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(ii) It is made clear that in case any of condition Nos.
(b) to (e) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned Special Judge for trial of NDPS Act cases, Vadakara as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge