Afsal C.T vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

The petitioner is the accused in CR.No.03/2022 of the Excise Enforcement & Anti Narcotic Special Squad, Kozhikode alleging commission of offences punishable under Section 22(b) of the The Narcotic Drugs And Psychotropic Substances, Act, 1985 .

The prosecution case is that, on 21.04.2022 at about 10 PM, the accused was found in possession of 2.45 grams of MDMA in the Veranda of 'Q10 Mobile' in building No.10/17 of Kakkodi Grama Panchayath.

The contention of the learned counsel for the petitioner is that, he is innocent of the offences alleged against him. The petitioner is arrested on 21.04.2022 and he is in custody since then. The contraband found in possession of the petitioner is intermediate quantity. The learned counsel for the petitioner further submitted that he has no criminal antecedents.

Heard  the  Learned  Public  Prosecutor  also. He seriously opposed the application for bail. He upon instruction, submitted that the petitioner has no criminal antecedents.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 21.04.2022 onwards, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

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

(ii) Petitioner shall appear before the investigating officer in CR. No.03/2022 of the Excise Enforcement & Anti Narcotic Special Squad, Kozhikode, on every Saturday at 11 am until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or any witness in CR. No.03/2022 of the Excise Enforcement & Anti Narcotic Special Squad, Kozhikode;

(iv) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(v) The petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in CR. No.03/2022 of the Excise Enforcement & Anti Narcotic Special Squad, Kozhikode may file an application before the jurisdictional court, for cancellation of bail.