Aromal vs State Of Kerala

Mohammed Nias C.P., J

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

The petitioner is the 8th accused in Crime No. 1289/2023 of Ernakulam Town North Police Station for having committed offences punishable under Sections 22(C) read with Section 29 of the NDPS Act.

The allegation against the petitioner is that the police party, on the basis of the information received, conducted a search at Room No.201 of NS Lodge, Ernakulam, and found that the petitioner and other accused were in possession of 12.93 grams of MDMA. Accordingly, the accused were arrested on 14.06.2023.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. It is pointed out that, even though the crime was registered on the assumption that the contraband article was MDMA, later it was found that the same is Methamphetamine. At any rate, he points out that the petitioner is in custody from

14.06.2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and pointed out that the petitioner is not entitled to bail.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the offfences committed by the petitioner and the fact that he has been in custody since 14.06.2023 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 to the petitioner.

Accordingly, this application is allowed, and the petitioner is 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) 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 on 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 involve 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;