Ajmal Yousaf vs State Of Kerala

Shircy V, J

Application for regular bail filed under Section 439 of the Code of Criminal Procedure.

The petitioner is the 3rd accused in Crime No.1294 of 2021 of Thrikkakara Police Station registered for the offences punishable under sections 20(b)(ii) A, 22(a), 22(b), and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act')

He has been in custody since 7.10.2021.

The allegation is that on 7.10.2021 on receipt of a secret information the Sub Inspector of Police along with his team conducted search in Flat No.211H of DD Misty Hills, Kakkanad and found this petitioner along with the other accused with narcotic drugs. 3.83 grams of hashish oil was found from the possession of this petitioner and the same was seized and he was arrested. Thereby he along with the other accused have committed the aforesaid offences.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

The learned counsel for the petitioner has submitted that actually he came to the flat taken on rent by the 1st accused to visit him, but this petitioner was not having any connection with the contraband seized from the possession of the accused. But he has been falsely implicated in the case and he is undergoing incarceration since the date of his arrest. Hence, this application.

The said submission is refuted by the learned Public Prosecutor contending that the contraband was seized from this petitioner along with the other accused after complying with all the formalities.

The quantity of the contraband seized from this petitioner is only 3.83 gms of hashish oil. This petitioner is a youngster aged only 24 years. Now the investigation of the case is well in progress. Moreover all the accused persons arrested along with this petitioner were already released on bail.

Considering the present stage of investigation as well as the other facts and circumstances involved in this case, I am inclined to release him on bail subject to the following conditions.

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is at liberty to cancel the bail in accordance with the law.