Anu vs State Of Kerala

Mohammed Nias C.P., J

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

The petitioners are the accused, Nos.1 and 3, in Crime No. 685/2023 of Kilimanoor Police Station for having committed offences punishable under Sections 22(c) of the Narcotic Drugs and Psychotropic Substances Act.

The allegation against the petitioners is that, on 07.05.2023 at about 8.35 p.m., the petitioners were found in possession and transportation of 13.319 grams of MDMA in a car bearing Reg.No.KL-01-BD-56 near Kilimanoor Junction, Pazhayakunnummel Village, in contravention of the provisions of the NDPS Act. Thus, the petitioners have committed the aforesaid offence.

The learned counsel appearing for the petitioners would say that the petitioners are totally innocent and falsely implicated with ulterior motives. The learned counsel for the petitioners also submits that the 1st petitioner has already been granted bail. At any rate, he points out that the 2nd petitioner is in custody from 07.05.2023, and the continued incarceration of the 2nd petitioner is unnecessary.

The learned public prosecutor opposed the petition. The learned Public Prosecutor makes available the FSL report for perusal, which shows that the contraband seized is Methamphetamine and not MDMA.

After considering the rival submissions and taking into account the fact that only an intermediate quantity of contraband is involved based on the Report that showed the seized contraband as Methamphetamine of intermediate quantity, the fact that the 2nd petitioner has been in custody from 07.05.2023 and also since 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 only to the 2nd petitioner/3rd accused.

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) The petitioner shall surrender his passport, if any, within seven days from the date of his release before the Court concerned, and if the release of the passport is required at a later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter.

(vi) The petitioner shall furnish his present address along with the mobile phone number to the court concerned as well as to the Investigating Officer.

(vii) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.