Adarsh vs State Of Kerala

Mohammed Nias C.P., J

The petitioners are the 1st and 2nd accused in Crime No. 473/2023 of Thrithala Police Station for having committed offences punishable under Sections 22(c) of the Narcotic Drugs and Psychotropic Substances Act.

The allegation against the petitioners is that, on 10.07.2023, at 9.10 a.m., the police received secret information that the accused, involved in the sale and transportation of MDMA is waiting near Mukkarathikkavu Bhagavathi Temple. Upon inspecting the site, the police officers discovered that the accused were in possession of two packets of the contraband articles, having a quantity of 18.06 grams and thereby committed the offence.

The learned counsel appearing for the petitioners would say that the petitioners are totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the 1st accused is in custody from 10/07/2023 and the 2nd accused from 24.07.2023, and continued custody of the petitioners is unnecessary.

The learned public prosecutor opposed the petition. The learned Public Prosecutor makes available the Chemical Analysis report dated 29.09.2023 for perusal, which shows that the contraband seized is Methamphetamine and not MDMA.

After considering the rival submissions and Taking into account the fact that the quantity only intermediary quantity of contraband is involved based on the Report, which shows that the contraband seized is Methamphetamine, the fact that the petitioners are in custody from 10.07.2023 and 27.07.2023 onwards as no other antecedents are reported under the Act, and no apprehension of the petitioner,s absconding is raised. I am inclined to grant bail under such circumstances.

Accordingly, this application is allowed, and the petitioners are granted bail subject to the following conditions:-

(i) The petitioners shall be released on bail on 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 jurisdictional Court;

(ii) The petitioners shall report before the Investigating Officer every Saturday between 9 a.m. and 10 a.m. till the final report is laid;

(iii) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

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

(v) The petitioners shall surrender his passport, if any, within seven days from the date of their release before the Court concerned, and if the release of the passport is required at a later period, the petitioners shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If they have no passport, they shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter.

(vi) The petitioners shall furnish their present address along with their mobile phone numbers to the court concerned as well as to the Investigating Officer.

(vii) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;