Ashik vs State Of Kerala

Mohammed Nias C.P., J

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.

The petitioner is the third accused in Crime No.947/2023 of Kunnamkulam Police Station, Thrissur, for having committed offences punishable under Section 22(c)(ii) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution case is that on 9/7/2023 at 6.30 am, accused no. 1 and 2 were found to have been in possession of 17.4 grams of MDMA, arranged by the 3rd accused from Bangalore, while travelling in a car through the road from Perimbilavu to Kunnamkulam, thereby committed the above offence.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 05.08.2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the allegations, taking into account the fact that he has been in custody since 05.08.2023, the Chemical Analysis Report shows that the contraband involved is Methamphetamine and not MDMA and that too at the intermediate level, that the petitioner has no antecedents and no apprehension being raised by the prosecution that if released on bail the petitioner is likely to abscond, I am inclined to grant bail.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

1.The petitioner shall be released on bail on executing  a  bond  for  Rs.1,00,000/-  (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction;

2.He shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m. for three months and thereafter as and when directed to appear.

3.He shall not intimidate or attempt to influence the witnesses, nor shall tamper with the evidence or do anything that might adversely affect the trial;

4.He shall not commit any offence while on bail;

5.He shall not leave the State of Kerala without the permission of the Court having jurisdiction;

6.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.

7.He shall furnish his present address and his mobile number to the Court concerned and the investigating officer.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.