Adarsh vs State Of Kerala

Mohammed Nias C.P, J

This application is filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.

The petitioner is the accused in Crime No. 72/2023 of Excise Enforcement and Anti Narcotic Special Squad, Kollam District, for having allegedly committed offences punishable under Sections 22(b) and 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case is that, on 13.08.2023 at around 2.20 p.m., near Mukaluvila Junction in Thrikkovilvattam Village, accused was found in illegal possession of 4.355 grams of MDMA and 20 grams of ganja, which he was transporting in a car bearing Reg. No. KL 01/S-1378 for the purpose of sale and thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 13/08/2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the allegations against the petitioner, the quantity involved, and the fact that he has been in custody from 13/08/2023 and also since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner more so when no other criminal antecedents have been reported against the petitioner.

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

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

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

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

(v) The petitioner shall surrender his passport, if any, within seven days from the date of his release before the Court concerned, and if the release of the passport is required at the later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he 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 petitioner shall furnish his present address, along with his mobile phone number, to the court concerned as well as to the investigating officer.

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