Fahad.K.P vs State Of Kerala

Viju Abraham, J.

This is an application for Regular Bail.

The petitioner is the sole accused in Crime No.48/2022 of Perumbavoor Excise Range Office, Ernakulam alleging commission of offences punishable under Section 22 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution allegation is that, on 24.09.2022 at about 2.20 pm, the petitioner was found in possession of 5.081 gms of MDMA by the respondent No.2 and his party near at Jamia Junction, Arackappady village and thereby committed the aforesaid offences.

The learned counsel for the petitioner submitted that the petitioner is falsely implicated in the above said crime and he is in custody from 24.09.2022 onwards and his further detention is not required for the purpose of the investigation. It is further submitted that the petitioner has no other criminal antecedents.

The learned Public Prosecutor opposed the application for bail mainly contending that the alleged contraband was seized from the possession of the petitioner and the quantity involved is 5.081 gms of MDMA but submitted that the petitioner is not involved in any other crime.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 24.09.2022, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent 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.48/2022 of Perumbavoor Excise Range Office, Ernakulam on every Saturday at 11 am until further orders and shall co-operate with the investigation;

(iii) 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

(iv) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.48/2022 of Perumbavoor Excise Range Office, Ernakulam ;

(v) The petitioner shall not leave the State of Kerala without obtaining prior permission from the jurisdictional court;

(vi) 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.48/2022 of Perumbavoor Excise Range Office, Ernakulam may file an application before the jurisdictional court, for cancellation of bail.