Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946 BAIL APPL. NO. 3594 OF 2024 CRIME NO.10/2024 OF AGALI EXCISE RANGE OFFICE, PALAKKAD PETITIONER(S)/ACCUSED: NANJI AGED 57 YEARS W/O.GOLAN, PALOOR P.O, PADAVAYAL VILLAGE, ATTAPADI, MANNARKKAD TALUK, PALAKKAD DISTRICT., PIN - 673513 BY ADV NIREESH MATHEW RESPONDENT(S)/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI., PIN - 682031 ADV BINDU O V, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P. G. AJITHKUMAR, J.
--------------------------- -------------------------------------------- Dated this the 30th day of April, 2024
ORDER
This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.
2. The petitioner is the accused in Crime No.10 of 2024 of Excise Range, Agali. She allegedly had committed the offence punishable under Section 20(b)(ii)B of the NDPS Act.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. The prosecution allegation is that at about 10.15 am, on 16.04.2024, 1.9 kilograms of ganja was found kept at the backyard of the house of the petitioner. She possessed the same for the purpose of sale.
5. The petitioner would contend that she did not involve in the alleged crime and without any material or evidence, she has been implicated in the crime. She is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for his further detention.
6. The learned Public Prosecutor would submit
that considering the seriousness of the offence and the possibility of interfering with the investigation by the petitioner in the event of her release on bail, this petition deserve only to be dismissed.
7. The petitioner is a woman and she has been in
custody since 16.04.2024. The offence is grave in nature. However, considering the fact that the petitioner is a woman and the contraband possessed is 1.9 kilograms of ganja, which is just above the small quantity, I am inclined to grant her bail subject to conditions. In the result, the bail application is allowed and the petitioner is granted bail on her executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:
(i) She shall not influence or intimidate witnesses or tamper with evidence;
(ii) She shall appear before the investigating officer as and when called for; and
(iii) During the bail period, she shall not get involved in
any offence. In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court. Sd/- P. G. AJITHKUMAR JUDGE SKP/30-04 APPENDIX OF BAIL APPL. 3594/2024 PETITIONER’S ANNEXURES: ANNEXURE 1 TRUE PHOTOCOPY OF THE CRIME AND OCCURRENCE REPORT IN CR.NO.10/2024 OF EXCISE RANGE OFFICE, AGALI, PALAKKAD DISTRICT DATED 16.04.2024 RESPONDENTS' ANNEXURES:NIL TRUE COPY P.A. TO JUDGE