Abhijith vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

Petitioner is the 3rd accused in Crime No.337 of 2022 of Vandanmedu Police Station, Idukki District registered alleging commission of offences punishable under Sections 22(c), 22(a), 20(b) (ii)A, 27(A) and 29 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution allegation is that on 26.04.2022 at about 12.30 a.m., 1st accused was found in possession of 60 gms of MDMA, 20 gms of hashish oil kept in seven small tins and seven numbers of LSD stamps on the side of public road in front of Cochin Bakery at Puliyanmala Junction in Vandanmedu Village for the purpose of sale and he was arrested from there. During the investigation it was revealed that the 3rd accused/petitioner herein is also involved in the crime, as he had received Rs.65,596/- in his bank account from the 2nd accused and transferred that amount into the account of the 4th accused who was dealing with the narcotic transaction with the 1st accused and thus committed the aforesaid offences.

The learned counsel for the petitioner submitted that the petitioner has absolutely no role in the commission of the alleged crime. When the matter came up for consideration the learned counsel for the petitioner would submit that the petitioner has undergone 190 days in custody and no final report has been filed and the extension petition preferred by the prosecution has been dismissed by the court below and therefore he is entitled for statutory bail as on the date.

Learned Senior Public Prosecutor upon instructions submitted that it is true that the extension petition preferred by the prosecution has been dismissed by the court below and since the final report has not been filed as on the date, petitioner is entitled for statutory bail.

Considering the abovesaid aspects, I am of the opinion that the petitioner is entitled for default bail. In the result, the application is allowed and the petitioner is granted bail on the following conditions:

(i) The petitioner shall execute a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(ii) He shall appear before the investigating officer in Crime No.337 of 2022 of Vandanmedu Police Station, Idukki District on all Saturdays at 11.00 a.m. till the filing of the final report.

(iii) He shall not leave the State of Kerala without obtaining prior permission from the jurisdictional court.

(iv) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(v) He shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.337 of 2022 of Vandanmedu Police Station, Idukki District may file an application before the jurisdictional court, for cancellation of bail.