Abdul Gafoor vs State Of Kerala

P.G. Ajithkumar, J

This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.

The petitioner is the accused in Crime No.296 of 2023 of Parappanangadi Police Station. He allegedly had committed the offences punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)

The prosecution case is that at about 9.00 a.m on 19.03.2023, the petitioner was found possessed with 0.7 gms of MDMA at the parking ground of Parappanangadi Police Station.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The petitioner would contend that she did not involve in the alleged crime and without any material or evidence, he has been implicated in the crime. He is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for his further detention.

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 his release on bail, this petition deserves only to be dismissed.

No doubt, the offence alleged against the petitioner is serious in nature. It is seen that investigation in the matter has been progressed considerably. The petitioner has been in judicial custody since 19.03.2023. Considering the aforesaid aspects and also the nature of the offence, I am of the view that further detention of the petitioner pending investigation is unnecessary. Therefore the petitioner is entitled to be released on bail.

In the result, the bail application is allowed and the petitioner is granted bail on his 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 Specail Court, subject to the following conditions:

(i) The petitioner shall not influence or intimidate witnesses or tamper with evidence;

(ii) petitioner shall appear before the investigating officer as and when called for until filing the final report;

(iii) During the period of bail, petitioner shall not get involved in any other offence.

(iv) The petitioner shall surrender his passport before the learned Magistrate, and if he does not have a passport, he shall file an affidavit stating that fact.

(v) The petitioner shall not enter the territorial limits of Parappanangadi Police Station except for complying with the aforesaid conditions till filing of the final report.

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.