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Judgment
13 paragraphs · 382 wordsViju Abraham, J.
This is an application for regular bail.
The petitioner is the sole accused in Crime No.547/2022 of Melparamba Police Station, Kasargod, alleging commission of offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act.
The prosecution allegation is that, on 26.09.2022, at 01.50 AM, the petitioner was found in possession of 4.52 grams of MDMA by the officers of the 2nd respondent and thus committed the aforesaid offence.
4 .The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime. It is also submitted that the petitioner is in custody from 26.09.2022 onwards and that he has no other criminal antecedents.
The learned Public Prosecutor seriously opposed the bail application mainly contending that large quantity of MDMA was seized from the possession of the petitioner. It is further submitted that the petitioner is not involved in any other crime and that the charge sheet is already laid.
Having regard to the facts and circumstances of the case and taking note of the period of detention of the petitioner, I am inclined to grant bail to the petitioner, but taking note of the serious nature of allegations, the same shall be on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:
(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;
(ii)The petitioner shall appear before the investigating officer in Crime No.547/2022 of Melparamba Police Station, Kasargod, on every Saturday at 11 am, until further orders;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.547/2022 of Melparamba Police Station, Kasargod,;
(iv) The petitioner shall not leave the State without obtaining prior permission from the jurisdictional Court;
(v) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.547/2022 of Melparamba Police Station, Kasargod, may file an application before the jurisdictional court, for cancellation of bail.