Anilesh vs State Of Kerala

Mohammed Nias C.P., J

These applications are filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioners are the accused Nos.1 to 3 in Crime No. 47 of 2023 of Adimaly Excise Range, for having committed offences punishable under Sections 8(c), 27(a) and 29 of the

The allegation against the petitioners is that, on 02.08.2023 at about 10.30 p.m., in furtherance of a criminal conspiracy hatched by the petitioners and the 3rd accused, they were found in possession of 2.042 grams of MDMA, in contravention of the provisions of the NDPS Act. Thereby, the petitioners have committed the aforesaid offences as alleged.

The learned counsel appearing for the petitioners would say that the petitioners are totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioners have been in custody since 02.08.2023, and continued custody of the petitioners is unnecessary.

The learned public prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioners and learned Public Prosecutor and considering the nature of the allegations against the petitioners, the quantity involved, that they have been in custody from 02.08.2023 and also since there is no apprehension raised by the prosecution that if released on bail the petitioners are likely to abscond, I hold that bail can be granted to the petitioners. It is also to be noted that no other criminal antecedents have been reported against the petitioners. I am inclined to grant bail under such circumstances.

Accordingly, these applications are allowed, and the petitioners are granted bail subject to the following conditions:-

(i) The petitioners shall be released on bail on executing a bond for 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 report before the Investigating Officer every Saturday between 9 a.m. and 10 a.m. till the final report is laid;

(iii) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iv) The petitioners 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;