Bharath Jayan @ Jinu vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is accused No.9 in Crime No.731 of 2021 of Haripad Police Station, Alappuzha District alleging commission of offence punishable under Sections 8(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The prosecution allegation is that, on 7-11-2021 at about 10.05 P.M, the Sub-Inspector of Police, Haripad got an information that some persons are possessing Narcotic Drugs with them in Room No.61 of ‘Mangalya Resorts’ Hospital and that he recorded the said information and forwarded the same to the immediate superior officer and proceeded to the alleged spot, reached there at 10.25 P.M, searched the room and detained 7 persons who were there in the room and that the police party sought the presence of Tahsildar and Executive Magistrate for conducting the body search of those persons and that after the search, the Sub-Inspector of Police seized 52.410 grams of Methylene Dioxy Metha Amphetamine (MDMA) from the possession of those persons and that after complying with the formalities, the police party prepared a mahazar and on the basis of that the above said crime was registered. It is also alleged that during the course of investigation, the 9th accused transferred an amount of Rs.30,500/-(Rupees Thirty Thousand Five Hundred only) and Rs.25,000/-(Rupees Twenty Five Thousand only) to the account of the 1st accused through Google Pay so as to buy MDMA, that the above mentioned Rs.30,500/- (Rupees Thirty Thousand Five Hundred only) was received from two friends of the said accused, for the purpose of buying 45 grams of MDMA, and that after receiving the said amount, he ordered MDMA from the 1st accused and transferred the above amount to the 1st accused, and it was also urged by the prosecution that on 07-11-2021, accused Nos. 1 to 4 reached at Pullukulangara Junction, Kandalloor Village in a Bolero car and handed over three pouches of MDMA having a total weight of 45 grams to the 9th accused and that after receiving the same, he had given 30 grams and 15 grams to his friends.

4 .The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime. The allegation against the petitioner is that he has funded the 1st accused in the alleged offence. The main contention raised by the petitioner is that he is entitled for statutory bail, as he was remanded on 30.01.2022 and that till date, no final report is filed. It is further submitted that he is entitled for statutory bail as on 28.07.2022.

I have heard the learned Public Prosecutor also.

When the matter came up for consideration on 29.07.2022, this Court has specifically directed the trial court to furnish instructions as to whether an extension petition has been filed and also the date on which the copy has been served on the counsel for the 9th accused. A report has been filed by the Sessions Judge, Alleppey dated, 01.08.2022 in which it is mentioned that a copy of the petition seeking extension of time for filing the final report in Crime No.731/2021 of Harippad Police Station(Crl. MP No.2929/2022) is served on the counsel for the 9th accused, only on 29.07.2022. On seeking further instructions in the matter, it was intimated by the Sessions Court, Alleppy that Crl.MP No.2929/2022 was filed only on 29.07.2022. That being so as on 28.07.2022, the petitioner is entitled for statutory bail.

Having regard to the facts and circumstances of the case, 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 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.731 of 2021 of Haripad Police Station, Alappuzha District on every Saturday at 11 am, until filing of final report;

(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.731 of 2021 of Haripad Police Station, Alappuzha District;

(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 said 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.731 of 2021 of Haripad Police Station, Alappuzha District may file an application before the jurisdictional court, for cancellation of bail.