Ajmal vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is the sole accused in Crime No.14/2022 of Perinthalmana Excise Range alleging commission of offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The prosecution allegation is that, a police team on 23.07.2022, found the Petitioner travelling on the two-wheeler and found 4 gms of MDMA, and thus the accused has committed the aforesaid offence.

The learned counsel for the petitioner submitted that the petitioner is in custody from 23.07.2022 onwards and that he has no other criminal antecedents.

The learned Public Prosecutor seriously opposed the bail application mainly contending that the petitioner was found in possession of 4 gms of MDMA, but submitted that no other crime is reported as against the petitioner.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 23.07.2022 onwards, I am inclined to grant bail to the petitioner subject to 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 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.14/2022 of Perinthalmana Excise Range 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 intimidate the defacto complainant or any witness in Crime No.14/2022 of Perinthalmana Excise Range;

(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 Crime No.14/2022 of Perinthalmana Excise Range may file an application before the jurisdictional court, for cancellation of bail.