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Judgment
14 paragraphs · 349 wordsBechu Kurian Thomas, J
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the 2nd accused in Crime No.505/2023 of Pathanamthitta Police Station, alleging offences punishable under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
According to the prosecution, the 1st accused was found in possession of 9.61 gram of MDMA and the 2nd accused was traveling along with the 1st accused having knowledge of the possession of the contraband and thereby the accused committed the offences alleged.
I have heard Sri. K.N.Radhakrishnan, the learned counsel for the petitioner as well as Smt. T.V.Neema, the learned Public Prosecutor.
Admittedly, no contraband was recovered from the petitioner, even though he was traveling along with the 1st accused who was found in possession of the contraband. The petitioner was arrested on 19.04.2023 and has been in custody since then.
Taking note of the circumstances of the case including the nature of allegations, I am of the view that, even though petitioner is alleged to be involved in a serious crime, since, he has been in custody from 19.04.2023, further detention ought not to be permitted.
Accordingly, I allow this application on the following conditions:
a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
b) Petitioner shall appear before the Investigating Officer as and when required.
c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
d) Petitioner shall not commit any similar offences while he is on bail.
e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.