Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 27TH DAY OF APRIL 2021 / 7TH VAISAKHA, 1943 CRIME NO.543/2019 OF PANUR POLICE STATION , KANNUR PETITIONER: JAFAR C AGED 47 YEARS CHAKKANDAKATH HOUSE KURUMATHUR AMSOM KURUMATHUR KADAVU THALIPARAMBA BY ADV. SMT.K.REEHA KHADER RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, BY ADV. SRI. M.R. DHANIL, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
Dated this the 27th day of April 2021 This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.
2. The petitioner is the sole accused in SC 154/19
of the District Sessions Court (Special court for NDPS Act) Vatakara (Crime No.543/2019 of Panur Police Station). The offences alleged is under Section 20(b)(ii)(B) of NDPS Act, 1985.
3. The prosecution case in short is that the petitioner was found in possession of 5.962 kgs ganja in contravention of the NDPS Act.
4. Heard both sides and perused the case diary.
5. The learned counsel for the petitioner submitted that the petitioner has been suffering from chronic skin disease and his decease has been aggravated recently and he may be released on bail.
6. The case records would show that the petitioner was granted bail in this case once and after he was
released on bail, he committed same offence under NDPS Act and hence his bail was cancelled. He is now in judicial custody. The trial court was prepared to grant bail to the petitioner, provided any of his relatives come forward and undertake that he will not be involved in any offence while on bail. However, the relatives did not appear before the trial court. The petitioner was remanded to judicial custody on 18/07/2019. For all these reasons, I do not find any reason to hold that the continued detention of the petitioner is required for any purpose. The investigation seems to have reached a fair stage. Considering the entire facts and circumstances of the case and also the illness of the petitioner, I am of the view that the petitioner can be released on bail on conditions. In the result, the application is allowed on the following conditions:-
(i) The petitioner shall be released on bail on 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 trial court.
(ii) The petitioner shall not commit any offence of like nature while on bail.
(iii) The petitioner shall not make any attempt to
contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(iv) The petitioner shall not leave State of Kerala without the permission of the trial Court. Sd/- DR. KAUSER EDAPPAGATH JUDGE DM