Ajesh Biju vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner herein is arrayed as the 3rd accused in Crime No.21 of 2022 of Kalikavu Excise Range Office, Malappuram registered alleging commission of offences punishable under Sections 22(c) and 29 of the Narcotic drugs and Psychotropic substances Act hereinafter referred to as NDPS Act.

The prosecution case, in brief, is that on 22.9.2022 at about 5 p.m. the excise authorities received information that the petitioner along with two other persons was waiting at Companypady, Kodikkunnu, Thirurali Village in Motor Cycles for selling MDMA and the petitioner was arrested along with the contraband.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner submitted that he has been falsely implicated in the aforesaid crime and he was arrested on 02.09.2022 and is in custody since then and further submitted that charge sheet is not yet laid, he is entitled for default bail.

When the matter was taken up for consideration today, the learned counsel for the petitioner submitted that the alleged contraband is not MDMA as claimed by the prosecution. Thereupon, a report was called for through the learned Public Prosecutor and the learned Public Prosecutor upon instructions submitted that in the chemical analysis the alleged contraband was found to be not MDMA but Methaphetamine. The learned Public Prosecutor further submitted that the charge sheet is not yet laid and further that the petitioner is involved in another Crime No.25/2022 of Excise Range, Manjeri, alleging commission of offence punishable under the NDPS Act. The total quantity involved in this case is 23.104 gms of MDMA and the quantity found in possession of the petitioner is 5.709 gms of MDMA. The total quantity of contraband involved is 23.104 gms of MDMA and in the chemical analysis report the alleged contraband was found to be methaphetamine, which is admittedly only an intermediate quantity.

Considering the facts and circumstances of the case and the nature of the allegations and considering the fact that the petitioner is in custody from 02.09.2022 onwards and that final report is not yet filed, the petitioner is entitled for default bail, I am inclined to grant bail to the petitioner but taking into consideration the seriousness of the allegation the same shall only be on stringent conditions.

In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) 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 Crime No.21 of 2022 of Kalikavu Excise Range Office, Malappuram on every Saturday at 11 am, until filing of the final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.21 of 2022 of Kalikavu Excise Range Office, Malappuram

(iv) The petitioner shall not leave the State of Kerala without obtaining prior permission from the jurisdictional court,

(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 Crime No.21 of 2022 of Kalikavu Excise Range Office, Malappuram may file an application before the jurisdictional court, for cancellation of bail.