Aboobacker K.M vs State Of Kerala,

Shircy V, J

These applications are filed by the accused in Crime No. 251 of 2021 of Melparamba Police Station booked for having committed offences

punishable under Section 8 read with Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the NDPS Act).

The prosecution allegation is that, on 20.06.2021 at about 2.10 p.m., the Sub Inspector of Police, Melparamba, on receiving secret information that

narcotic drugs are being transported in a car bearing Registration No. KL 60 S 6663, intercepted the vehicle near Thekkil Bridge, Thekkil Village. The

petitioners, who were in the vehicle attempted to flee away from scene, but they failed in their attempt. The vehicle was also inspected and found that

narcotic drug was being transported in the vehicle. Thus the accused were arrested for having possession of 4.610 grms. of MDMA, in contravention

of the provisions of the NDPS Act.

Both of the petitioners were arrested on 20.06.2021 and they are undergoing incarceration since then.

The learned counsel for the petitioners raised a plea of false implication and total innocence.

But the learned Public Prosecutor has submitted that the investigation of the case is complete and charge sheet has been filed. Now the case is

pending before the Sessions Court, Kasaragod. It is also pointed out by the learned Public Prosecutor that the petitioners have no criminal background.

Considering the fact that the investigation has been completed and charge sheet has been filed against the petitioners, and also that the quantity of

contraband involved is less than commercial quantity, I think that the petitioners can be released on bail.

Therefore, both the applications are allowed, subject to the following conditions:

(i) The petitioners shall be released on bail on each of them executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like

sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iii) The petitioners shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate/Judge is empowered to cancel the bail in accordance with the law.