Arun K vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the accused in Crime No.28/2022 of Perinthalmanna Police Station, alleging the offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substance Act.

The allegation against the petitioner is that on 7.1.2022, he was found in possession of 1.252 grams of MDMA meant for the purposes of sale.

The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the mater. It is submitted that the drug in question was not recovered from the petitioner and that the petitioner has been falsely implicated. It is submitted that the petitioner was arrested on 7.1.2022 and he has completed 55 days in custody. It is submitted that the continued detention of the petitioner is not necessary as a final report has already been filed in the matter.

I have heard the learned Public Prosecutor also.

The learned Public Prosecutor vehemently opposes the grant of bail. It is submitted that the petitioner has criminal antecedents including a case registered alleging commission of offence under Section 326 of the Indian Penal Code. On a specific question as to whether the petitioner was earlier involved in any NDPS case, the learned Public Prosecutor submits that no earlier NDPS cases have been reported against the petitioner. However, it is submitted that the petitioner is a regular trouble maker and is included in the Rowdy History List of Perinthalmanna Police Station.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody for 55 days and also considering the fact that his continued detention is not necessary for the purposes of any investigation as a final report has already been filed in the matter, I am of the view that the petitioner can be granted bail subject to conditions.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of 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 in Crime No. 28/2022 of Perinthalmanna Police Station, every Saturday at 11 A.M. until further orders;

(iii) The petitioner shall not interfere with the investigation or to influence or intimidate any witness in Crime No. 28/2022 of Perinthalmanna Police Station;

(iv) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail;

(v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 28/2022 of Perinthalmanna Police Station, may file an application before the jurisdictional Court for cancellation of bail.