Ameer Suhail vs State Of Kerala

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

The petitioner is the 1st accused in crime No.99 of 2021 of Cheranelloor Police Station. The offences alleged against him originally when the case

was registered were under Sections 22(c), 20(b)(ii)A and Section 29 of Narcotic Drugs and Psychotropic Substances Act (hereinafter called NDPS

Act).

The prosecution case is that on 01.03.2021 at about 23.47 hours the petitioner along with the 2nd accused were found in possession of 0.09 grams

of 5 LSD stamps and 6.7 grams of ganga. They were arrested on the very same day.

Heard both sides and perused records.

The learned counsel for the petitioner pointed out that the quantity involved is only 0.09 grams of LSD, which is intermediary quantity and therefore,

Section 22(c) is not attracted. It was also pointed out that the 2nd accused is already been granted bail by this Court as per Annexure-3 judgment.

The learned Public Prosecutor admits that the quantity involved is only intermediary quantity and therefore, the rigor of Section 37 is not applicable

in this case. Apart from the above, it was also pointed out that no final report has been filed in this case. In the above circumstances, this bail

application can be allowed.

In the result, this bail application is allowed on following conditions:

(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum

each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

However, it is made clear that, this requirement shall stand suspended during the period of lock down declared by the Government or any other

competent authorities in this regard.

(iv) The petitioner shall also appear before the Investigating Officer as and when required by him.

(v) The petitioner shall not commit any offence of like nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try

to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave State of Kerala without the permission of the trial Court.