Abdulla Haneen vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioners are accused Nos. 2, 3 and 4 in the Crime No.583/2022 of Kasaragod Police Station alleging commission of offences punishable under Sections 22(b) and 29 of Narcotic Drugs and Psychotropic Substances (NDPS) Act and under Section 179(1) and 181 of the Motor Vehicles Act.

The prosecution allegation is that, on 20/07/2022, at 18.30 hours, the petitioners and the 1st accused were found transporting 5 gms of MDMA in a car bearing registration number KL-60-I-4403 from Energy Road, Karanthakkad and that the 1st accused who drove the vehicle was found not having driving license and thus the accused have committed the aforesaid offences.

The learned counsel for the petitioners submitted that the petitioners are in custody from 20.07.2022 onwards and that they have no criminal antecedents. It is also submitted that the petitioners are BBA students of College of Management and Commerce, Shrinivas University, Mangalore. It is further submitted that nothing was seized from their body or from their bag. It is the contention of the petitioners that they have been offered a lift by the 1st accused and they are bonafide passengers and they have absolutely no role in the commission of the offence.

The learned Public Prosecutor upon instructions submitted that while on patrolling duty, 5 gms of MDMA including the cover was seized from the petitioners and that the 1st accused was driving the vehicle and all the accused were arrested on the spot, but submitted that the petitioners have no other criminal antecedents.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioners are students and they are in custody from 20.07.2022 onwards and further that they have no criminal antecedents, I am inclined to grant bail to the petitioners subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:

(i) The petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only)each, with two solvent sureties each, for the like-sum to the satisfaction of the jurisdictional court and one of the sureties shall be parent or a close relative of the petitioners;

(ii) The petitioners shall appear before the investigating officer in Crime No.583/2022 of Kasaragod Police Station on every Saturday at 11 am, until filing of final report;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the witness in Crime No.583/2022 of Kasaragod Police Station;

(iv) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.583/2022 of Kasaragod Police Station may file an application before the jurisdictional court, for cancellation of bail.