AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
21 paragraphs · 380 wordsAshok Menon, J.
Application for regular bail under Section 439 Cr.PC.
The applicant is the sole accused in Crime No.368/2021 of Kalamassery Police Station for having allegedly committed offences punishable under
Section 22(b) of the NDPS Act.
The prosecution case, in brief, is that on 28.4.2021 at about 4 p.m., the Sub Inspector of Police, Kalamassery found the accused in possession of
0.580 gms of MDMA near Sree Subrahmanya Swamy Temple at Vattekkunnam. He was apprehended and remanded to judicial custody and
continues in remand. The applicant states that he is innocent and the allegations are not true and that he may be released on bail as he is in remand
since 28.4.2021.
Heard the learned counsel for the applicant and the learned Public Prosecutor.
The learned Public Prosecutor points out that the applicant is a notorious criminal and is involved in two other crimes, one of which is under the
NDPS Act for being in possession of intermediary quantity of narcotic drugs. Hence, there is every possibility that in case the applicant is released on
bail, he may get involved in offences of similar nature.
After having heard the submissions on both sides, I find that the quantity involved is only intermediary and even though applicant has criminal
antecedents of similar nature, the embargo under Section 37 of the NDPS Act would not be attracted. Stringent conditions can be imposed to see that
the applicant does not involved in offences of similar nature.
In the result, the Bail Application is allowed and the applicant is directed to be released on bail on execution of a bond for Rs.1,00,000/- (Rupees One
lakh only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on the following further conditions:
(i) He shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of three months
(ii) He shall not attempt to influence or intimidate the witnesses or tamper with evidence.
(iii) He shall not get involved in similar offences during the currency of the bail.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to approach the jurisdictional court for cancellation of the bail.