Ajmal Ali vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

The petitioners are accused Nos.1 and 3 in Crime No.484/2022 of Kalady Police Station, Ernakulam alleging commission of offences punishable under Sections 20B II A, 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution case is that, on 04.05.2022 at about 02.00 PM., the petitioners and accused No.2, while they were travelling in a Nissan Micra Car bearing registration No.KA-51-AA-1688 found in possession of Narcotic Drugs and Psychotropic Substances such as Gaja and MDMa Weighing 8.6 grams and 11.200 grams respectively by the Sub Inspector of Police, Kalady Police Station and thereby committed the said offences.

The learned counsel for the petitioners submitted that they are in custody from 04.05.2022 onwards.

The  learned  Public  Prosecutor,  upon  instruction, submitted that originally the contraband was recorded as MDMA, in the Chemical analysis report it was found to be Methamphetamine and the quantity involved is 26 grams of methamphetamine and 493.61 grams of Ganja.

On the basis of the same the learned counsel for the petitioner submitted that the quantity is being intermediate and the rigour of Section 37 will not come into play and further that the final report is not yet filed and the petitioners are entitled for statutory bail.

The learned Public Prosecutor submits that, it is true that the final report is not filed and the petitioners are entitled for statutory bail but, contended that they are involved in other cases of similar nature in as much as the 1st accused is involved in Crime No.1132/2022 u/s 448, 294(b) and 506 of the IPC of the Perumbavoor Police Station whereas the 3rd accused who is the 2nd petitioner is involved in Crime No.1831/2017 u/s 27 of the NDPS Act of Nedumbassery Police Station.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the charge sheet has not been laid and the petitioners are entitled for statutory bail, I am inclined to grant bail to the petitioners but on stringent conditions taking out of their previous criminal antecedents and it is ordered that the petitioners shall be released on bail on the following stringent conditions:

(i) The petitioners 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) Petitioners shall appear before the investigating officer in Crime No.484/2022 of Kalady Police Station, Ernakulam on every Monday and Saturday at 11 am till filing of the charge sheet;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence any witness in Crime No.484/2022 of Kalady Police Station, Ernakulam;

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

(v) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.484/2022 of Kalady Police Station, Ernakulam may file an application before the jurisdictional court, for cancellation of bail.