License & Printed By : Varish Kansal | httpsJ/wwwaironline in | 09/02/2024 ATRONLINE 2022 KER 2121 Kerala High Court HON'BLE JUDGE(S): SHIRCY V. , J GOKUL RAJ V. STATE OF KERALA BAIL APPL - 2984 0f 2022, decided on 2808/20 Narcotic Drugs and Psychotropic Substances Act (61 of 1985) , S.37— Bail - Grant of - Offence of illegal possession of ganja - Earlier bail application of accused rejected by court - As per evidence of record and involvement of accused in crime if he released on bail it would disturb smooth flow of trial - However father of accused suffering from very serious disease - Interim bail granted to accused with conditions. (rar) Name of Advocates Nireesh Mathew for Petitioner; P.G, Manu - Sr, Pp for Respondent. LORDER :-The petitioner is facing trial as the 3 accused in S.C.No.82 of 2021 pending before the Additional District Court and Sessions Court- IV, Thiruvananthapuram for having committed offences punishable under Sections 22(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution allegation is that this petitioner along with the other accused were found in possession of ganja of commercial quantity and engaged with illegal sale of the same in a house located near Vilayinmoola junction at Keezhattingal village, Thiruvananthapuram, The investigating team headed by the Circle Inspector of Excise, Attingal had conducted search and seizure of the contraband and seized the vehicle used by the accused to transport the same and to conduct illegal sale. 3. The petitioner has been in custody since 228.2021. His earlier bail applications were dismissed by this Court, Now the trial of the case has already been started. At this stage, this, petitioner has filed this application for his release on bail mainly contending that his father is diagnosed with typical parkinsonism and other neurological ailments, He is undergoing treatment for the same before the Gokulam Medical College and Research foundation, Thiruvananthapuram and is at an advanced stage. Hence this applicat n. 4, In total there are 24 witnesses to be examined and it is reported by the learned Public Prosecutor, that the examination of CWI as PW1 is going on. In fact day to day trial is going on. True that the medical certificate of his father will show that he is suffering from acute healthLicense & Printed By : Varish Kansal | httpsJ/wwwaironline in | 09/02/2024 problem. He is under treatment for the last one year and he requires continuous treatment and follow up as certified by the doctor who is treating him. He is aged 67 years. So he may be having serious ailments as submitted by the learned counsel for the petitioner. His earlier bail application was dismissed by this court taking note of the gravity of the offence, the role he played and his involvement in committing the crime and such other material facts. As trial is, going on, if bail is granted to the petitioner at this stage definitely, that will disturb and upset the free and smooth flow of the trial of the case. Therefore, I find no justification to consider his request for his release of bail. But the medical records indicate that his father an aged man is sullering from very serious disease. Therefore, he deserves some leniency and I feel that it is just and proper to grant interim bail to him just to enable him to visit his aged and ailing father. So interim bail is granted to him for a period of two weeks subject to the following conditions: (i) The petitioner shall be released on interim bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction. One surety shall be a close relative of the petitioner. (ii) The petitioner shall co-operate with the trial of the case. He shall appear before the trial court on all posting dates, failing which the learned Additional Sessions Judge is at liberty to cancel the bail. (iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts, to the court. (iv) The petitioner shall not commit any offence while on bail. This order will remain in force for 14 days from the date of execution of the bond before the trial court. On th the 14 day of the execution of the bond, he shall surrender before the trial court. In case of violation of any of the above conditions, the learned Additional Sessions Judge is ‘empowered to cancel the bail in accordance with the law Order Accordingly