Alameen vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

The petitioner is the 2nd accused in Crime No.358/2023 of Pallickal Police Station, alleging offences punishable under Sections 20(b)(ii)(A) and 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

According to the prosecution on 06.06.2022 at about 1.10 p.m. the accused was found in possession of 18.52 grms of MDMA and 95.50 grms. Of Ganja and the 2nd accused is alleged to have handed over the said contraband to the first accused for sale and thereby both accused had committed the offences alleged.

Sri.J.R.Prem Navaz.R, the learned counsel for the petitioner submitted that the petitioner is totally innocent of the allegations and that he has been falsely implicated as an accused without any basis. It was submitted that on subjecting the contraband to chemical analysis, it was found to be Methamphetamine Hydrochloride and not MDMA. Since the contraband seized from the petitioner being only 18.52 grms. the quantity falls less than the commercial quantity. The learned counsel also pointed out that the petitioner was arrested on 04.05.2023 and since already more than 53 days have elapsed since his arrest, petitioner ought to be released on bail.

Sri.P.G.Manu,  the  learned  Public  Prosecutor,  opposed  the application and submitted that though it is true that on chemical analysis, the contraband seized from the petitioner was found to be Methamphetamine Hydrochloride and not MDMA as originally believed, the petitioner having indulging in a serious crime, notwithstanding the period of detention already undergone, bail ought not to be granted, lest prejudice be caused to the prosecution.

The petitioner  was  arrested  on  04.05.2023  and  has  been  in custody since then. The contraband seized, on alaysis, was found to be Methamphetamine Hydrochloride and not MDMA. The quantity found in possession of the petitioner was 8.52 grms of MDMA and 95.50 grms. of Ganja, latter of which is a small quantity.

Petitioner is only 27 years in age and he has already been in custody from 04.05.2023. Considering the young age of the petitioner and also the nature of the contraband seized, I am of the view that the continued detention of the petitioner is not essential. Therefore, petitioner is entitled to be released on bail subject to strict conditions.

Accordingly, this application is allowed 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 well as co-operate with the trial.

(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 Kerala 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.