Ajmal.P.S vs State Of Kerala

Mohammed Nias. C.P.,J

The petitioner is the 2nd accused in Crime No.1536 of 2021 of Angamaly police station, for having committed offences punishable under Sections 8(C) 22(C), 27A and 29 of the NDPS Act.

The allegation against the petitioner is that, One Sudheer, who was travelling in an interstate bus, coming from Bangalore to Kochi was found in possession of 51.030 grams MDMA. The specific allegation against the petitioner is that said Sudheer has brought the contraband, intending to sell to the 4th accused/ petitioner herein and thereby, he committed the offences alleged against him.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 22.03.2022 and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and points out that the petitioner is not entitled to bail.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the offfences committed by the petitioner and the fact that he is in custody from 22.03.2022 also since there is no apprehension raised by the prosecution that if he released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner. Accordingly, this application is allowed and the petitioner is granted bail subject to the following conditions:-

(i) The petitioners shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall report before the Investigating Officer on every Saturday between 9 am to 10 am till final report is laid;

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iv) If any of the conditions is violated, the court concerned shall take steps for cancellation of bail as per law;

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