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Judgment
14 paragraphs · 383 wordsMohammed Nias C.P., J
This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
The petitioner is the 2nd accused in Crime No.673/2023 of Kadavanthra police station for having committed offences punishable under Sections 8, 22(c) of the Narcotic Drugs and Psychotropic Substances Act.
The allegation against the petitioner is that, on 17.06.2023 at about 11.00 p.m., the Kadavanthra police seized 10.23 grams of MDMA from the possession of the petitioner, thereby committing the aforesaid offences.
The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 17/06/2023, and continued custody of the petitioner is unnecessary.
The learned public prosecutor opposed the petition.
It is evident from the FSL Report that the contraband involved is Methamphetamine weighing 23.53 grams, which is only intermediate in nature. It is also seen that the 1st accused has been granted bail by the Sessions Court, Ernakulam, in Crl. M.C No.2584 of 2023 dated 14.09.2023.
After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor, the quantity of contraband involved, as noted above, the fact that he has been undergoing incarceration since 17.06.2023, that there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.
Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-
(i) The petitioner shall be released on bail on 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 jurisdictional Court;
(ii) The petitioner shall report before the Investigating Officer every Saturday between 9 a.m. and 10 a.m. till the final report is laid;
(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;
(iv) The petitioner shall not be involved in any other crime while on bail.
(v) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;