Fajaru Sadhiq vs State Of Kerala

Gopinath P, J

These are applications for regular bail.

The petitioners in these applications are the accused in Crime No.121 of 2022 of Chavakkad Police Station, Thrissur District, alleging commission of offences punishable under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act. BA No. 1394 of 2022 has been filed by the 2nd accused in the case and BA No. 1562 of 2022 has been filed by accused Nos.1, 3, 4 & 5.

The allegation against the petitioners is that the petitioners together with the other accused in the case were found in possession of 1.95 grams of MDMA at Manathala Vanchikadavu. They were arrested on 25.01.2022 and have been in custody since then.

The learned counsel for the petitioners in these cases would submit that the petitioners are absolutely innocent in the matter and that they have been falsely implicated. It is further submitted that the petitioners have no criminal antecedents. It is also submitted that the 6th accused in the case has already been granted bail by this Court by order dated 18.03.2022 in BA No. 1597 of 2022. It is submitted that the petitioners have completed more than 47 days in custody and that their continued detention is not necessary for the purpose of any investigation.

I have heard the learned Public Prosecutor also. The circumstances appearing in the case are pointed out from records. However, it is conceded that the petitioners have no criminal antecedents.

Having regard to the facts and circumstances of the case and considering the fact that the petitioners have been in custody for more than 47 days, I am of the view that the petitioners can be granted bail, subject to conditions. I also take note of the fact that no criminal antecedents have been reported against any of the petitioners.

In the result, these bail applications are allowed and it is directed that the petitioners shall be released on bail subject to the following conditions:

(a) The petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(b)Petitioners shall appear before the investigating officer in Crime No.121 of 2022 of Chavakkad Police Station, Thrissur District, every Saturday at 11.00 am until filing of final report in the crime;

(c) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.121 of 2022 of Chavakkad Police Station, Thrissur District;

(d)The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions is violated, the investigating officer in Crime No.121 of 2022 of Chavakkad Police Station, Thrissur District, may file an application before the jurisdictional court for cancellation of bail.