Akhil vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the sole accused in Crime No.830 of 2022 of Chirayinkeezhu Police Station, Thiruvananthapuram registered alleging commission of offences punishable under Sections 20(b)(ii)(A) & 22(b) of NDPS Act.

The prosecution case is that, on 19/10/2022 at 3.15 pm, the accused who was riding a motorbike bearing Reg.No.KL-22-N-5228 was intercepted by the Chirayinkeezhu Police while they were on patrol duty through Veilor-KK forest public road. It is further alleged that on search of the accused 230 mg of Ganja oil and 900 mg of MDMA was seized from the possession of the accused, and thereby committed the above said offence.

The petitioner submits that he is in custody from 19.10.2022 onwards, and that the investigation is practically over and further detention of the petitioner is not required for the purpose of investigation.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

Learned Public Prosecutor seriously opposed the application for bail mainly contending that petitioner was found in possession of synthetic drug and also in possession of ganja oil.

Considering the facts and circumstances of the case and the nature of the allegation, and that the petitioner is in custody from 19.10.2022 onwards, I am inclined to grant bail to the petitioner, 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.830 of 2022 of Chirayinkeezhu Police Station on every Saturday at 11 am, till the completion of trial;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime;

(iv) 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.830 of 2022 of Chirayinkeezhu Police Station may file an application before the jurisdictional court, for cancellation of bail.