Abdul Mujeeb vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the 1st accused in Crime No.48 of 2023 of Perinthalmanna Police Station, Malappuram District, alleging offences punishable under Sections 20(b)(ii)B and Section 29 r/w Section 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

According to the prosecution, the accused had, on 8-01-2023 been found in possession of six packets of ganja amounting to a total of 12kg near Cherukara Railway Station thereby committing the offences alleged.

Sri. Samsudin Panolan, the learned counsel for the petitioner contended that the prosecution allegations are false and that the incident as alleged had not occurred. It was further submitted that the petitioner was arrested on 8-01-2023 and has been in custody since then.

Sri.Manu P.G., the learned Public Prosecutor opposed the application and submitted that there are five criminal antecedents against the petitioner, including Crime No.123/2018 and Crime No.180/2018 of Perinthalmanna Police Station involving offences under the Indian Penal Code apart from Crime No.958/2021 of Perinthalmanna Police Station, Crime No.431/2009 of Tirur Police Station and Crime No.42/2021 of Kulathoor Police Station all under the NDPS Act. It was further submitted that considering the antecedents of the petitioner, the bail ought not to be granted.

The prosecution allegations, as evident from Annexure-A1 FIR, is that the petitioner along with the 2nd accused had attempted to sell 12 kgs of ganja and was found to be in possession of the same. Petitioner was arrested on 8-01-2023 and has been in custody since then. Even though, petitioner is allegedly involved in three other criminal cases relating to NDPS Act itself, considering the period of detention already undergone and the quantity of contraband seized from the petitioner as well as the 2nd accused, I am of the view that petitioner can be released on bail under strict conditions.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any other offences while he is on bail.

(e) Petitioner shall not leave the State of Kerala until conclusion of trial.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.