Ashique vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is the sole accused in Crime No.715/2022 of Bakel Police Station, Kasaragod District, alleging commission of offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution allegation is that, on 20.09.2022 at 5.30 hours, the detection officer on patrolling duty, found driver of a vehicle bearing Reg. No.KL-23-9217 running away seeing the police vehicle and on search of the vehicle 1.040 grams of MDMA was seized. The Bakel Police suspected the accused and registered the above said crime.

The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime and that he is in custody from 28.10.2022 onwards. It is further submitted that the charge sheet is already filed and therefore, further detention of the petitioner is not required for the purpose of investigation.

The learned Public Prosecutor opposed the application for bail mainly contending that synthetic drug was found in possession of the petitioner and further that the petitioner is involved in two other criminal cases.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 28.10.2022 onwards and that the charge sheet is already laid, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the 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) Petitioner shall appear before the investigating officer in Crime No.715/2022 of Bakel Police Station, Kasaragod District, on every Saturday at 11 am, for a period of 4 months from today;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.715/2022 of Bakel Police Station, Kasaragod District,;

(iv) 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.715/2022 of Bakel Police Station, Kasaragod District, may file an application before the jurisdictional court, for cancellation of bail.