Faisal vs State Of Kerala

Mohammed Nias C.P., J

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

The petitioner is the accused in Crime No. 2391 of 2023 of Kottarakkara Police Station, Kollam District, for having committed an offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case is that on 8.10.2023 at around 17.30 hours, the petitioner was found in possession of 0.620 grams of MDMA in a car bearing Reg. No. KL. 26/G-783, for the purpose of sale, he was nabbed by the 2nd respondent and party and accordingly committed the above-referred offence.

The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the accused has been in custody since 08.10..2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition.

Considering the fact that only an intermediate quantity is involved, the petitioner has been in custody since 8.10.2023, and there are no criminal antecedents reported against the petitioner,

I am inclined to grant bail to the petitioner.

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

(i) The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall report before the Investigating Officer every Saturday between 9 a.m. and 10 a.m. till the final report is laid;

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iv) The petitioner shall not be involved in any other crime while on bail.

(v) 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.

(vi) The petitioner shall furnish his present address and mobile phone number to the court concerned and the Investigating Officer.

(vii) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;