AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
15 paragraphs · 379 wordsBechu Kurian Thomas, J
This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the first accused in Crime No.1/2023 of Kazhakuttom Excise Range Office, Thiruvananthapuram District. The offences alleged against the petitioner are under Sections 22(b), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
According to the prosecution, on 13.01.2023, the accused 1 to 4 were found in possession of 3.05 Grams of MDMA inside the bedroom of the house and in Hond Activa scooter and thereby committed the offences alleged.
Sri.P.Anoop, learned Counsel for the petitioner submitted that the prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that even though petitioner was arrested on 13.01.2023 and was remanded on the same date, till date final report has not yet been filed and therefore, petitioner is entitled to be released on statutory bail.
Sri.Manu.P.G., learned Public Prosecutor on the other hand opposed the grant of bail and submitted that the prosecution allegations are serious in nature. It was further submitted that final report has not yet been filed.
I have considered the rival contentions.
Having regard to the fact that the Investigating Officer has not yet filed the final report, I am of the view that, petitioner is entitled to be released on statutory bail.
Accordingly, this bail 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 appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
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.