Akhil S vs State Of Kerala

Viju Abraham, J

These are applications for regular bail.

The petitioner in B. A. No.1207/23 is accused No.1 and the petitioner in B. A. No. 1167/2023 is accused No.2, in Crime No.866/2022 of Kilikolloor Police Station, Kollam District, alleging commission of offences punishable under Sections 22(c), 22(b)(ii) & 29 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution allegation is that, on 25.08.2022 the Kilikollor Police has made a search in Jeena Lodge, Karikode, and seized MDMA and ganja from accused Nos.1 to 4. It is further alleged that from the 1st accused the police seized 18.740 gms of MDMA and Rs.79,050/- and from the possession of the 2nd accused the police seized 36 grams and 650 milligrams of ganja and Rs.42,310/-. It is further alleged that from the custody of the 3rd accused 4.37 gms of MDMA and Rs.9,290/- was seized and from the possession of the 4th accused 0.520 gms of MDMA was seized.

The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the above said crime. The petitioner in B. A. No.1207/2023 submits that he is undergoing treatment for a head injury suffered on 24.01.2022 and he has produced Annexure-3 treatment record and discharge summary to substantiate the same. It is also submitted that he was implicated in this crime due to a false information received by the SHO and that nothing was recovered from his possession. It is further submitted that the petitioner is in custody from 25.08.2022 onwards. It is also submitted by the petitioner that, even going by the chemical analysis report, the alleged contraband is not MDMA and it is only methamphetamine, which is an intermediate quantity and therefore, the rigor of Section 37 of the NDPS Act will not come into play.

The contention of the petitioner in B. A. No.1167/2023 is that even going by the prosecution allegation, he was found in possession of 36.650 gms of ganja and Rs.42,310/-. It is also submitted that he is a B.tech graduate and he has applied for a job at Kerala Minerals and Metals Ltd., Chavara. It is further submitted that the petitioner is in custody from 25.08.2022 onwards.

The learned Public Prosecutor opposed the applications for bail mainly contending that the contraband was seized from the possession of all the accused persons. It is further submitted that investigation so far revealed the active role of the petitioners in the commission of the offence. The learned Public Prosecutor upon instructions further submitted that the chemical analysis report of the alleged contraband is obtained and it reveals that the alleged contraband is methamphetamine and not MDMA as alleged. It is further submitted that the petitioners have no other criminal antecedents.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioners are in custody from 25.08.2022 onwards and that the contraband involved in this crime is an intermediate quantity and further that the petitioners have no other criminal antecedents, I am inclined to grant bail to the petitioners subject to stringent conditions. In the result, these bail applications are allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:

(i) The petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only)each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) The petitioners shall appear before the investigating officer in Crime No.866/2022 of Kilikolloor Police Station, Kollam District, on every Saturday at 11 am, for a period of three months;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.866/2022 of Kilikolloor Police Station, Kollam District;

(iv) The petitioners shall not leave the State without obtaining prior permission from the jurisdictional Court;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.866/2022 of Kilikolloor Police Station, Kollam District, may file an application before the jurisdictional court, for cancellation of bail.