Ameer P vs State Of Kerala

Viju Abraham , J

This is an application for regular bail.

The petitioner is the sole accused in Crime No. 961 of 2022 of Perinthalmanna Police Station, Malappuram District registered for the offence punishable under Section 22 (c) of the NDPS Act.

The prosecution case is that, on 02/09/2022 at about 9.45 a.m near PKS building, Perinthalmanna Amsom, the accused was seen in illegal possession of 65 gms of MDMA. The accused was arrested on the same day and the contraband was seized, and thus the accused has committed the above said offence.

The petitioner submits that he is in custody from 02.09.2022 onwards. Petitioner further submits that he was trapped by one Muhammed Salim in the alleged crime and he is a final year degree student who is intending to go for his higher studies abroad. The said Salim promised to arrange admission visa for higher studies in UK. Accordingly, an amount of Rs.5 lakhs was paid to him. Annexure-A2 is the receipt showing a payment of an amount of Rs.1,47, 672/-. On compulsion by the said Salim, the petitioner went to Room No.106 of PKS building on 02.09.2022 and was apprehended by the Police. Petitioner submits that the chargesheet has already been laid and the trial has not yet commenced. It is further submitted that he is a student and has no other criminal antecendents also.

The learned Public Prosecutor opposed the application for bail mainly contending that the alleged contraband was seized from the shoulder bag of the petitioner, after complying with all the procedural formalities. The learned Public Prosecutor would further submit that the petitioner has no other criminal antecendents.

When the matter came up for consideration on an earlier occasion, I have called for a report from the trial Court concerned regarding the present stage of the case, wherein it is specifically reported that there is no Public Prosecutor for NDPS cases and the District Government Pleader is in additional charge of the Public Prosecutor, and he is not attending trial before that Court and the Special Public Prosecutor for Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act cases is representing him in bail applications. Admittedly petitioner is in custody from 02.09.2022 onwards and that he was a student and has no other criminal antecendents. As per the report filed by the trial Court there is no Public Prosecutor to attend the trial of the cases involving NDPS offences. The Apex Court in Mohd Muslim @ Hussain v. State (NCT of Delhi) [2023 SCC online SC 352] has held that the delay completion of the trial is a circumstance which will be looked into while granting bail.

Taking into consideration the fact that the petitioner is a student and the trial has not commenced till date and that the petitioner is in custody from 02.09.2022 onwards, I am inclined to grant bail to the petitioner.

In the result, the bail application is allowed and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

(i) The petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) The petitioner shall appear before the investigating officer in Crime No. 961 of 2022 of Perinthalmanna Police Station once in a month on every second Saturday till completion of trial;

(iii) Petitioner shall appear before the trial Court on all posting dates except specifically exempted by the trial Court;

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

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

(vi) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vii) The petitioner shall not leave the State of Kerala without obtaining prior permission from the jurisdictional Court.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 961 of 2022 of Perinthalmanna Police Station, may file an application before the jurisdictional court, for cancellation of bail.