Fasil vs State Of Kerala

Mohammed Nias C.P., J

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

The petitioners are accused Nos.1 and 2 in Crime No. 658/2023 of Nattukal Police Station for having committed offences punishable under Sections 22(c) and 8(c) of the Narcotic Drugs and Psychotropic Substances Act.

The allegation against the petitioner is that, on 30.10.2023 at about 9.35, accused 1 and 2 were found in possession of 5.030 grams of MDMA in a car bearing No.KL 71 C 8275, and thereby committed the aforesaid offences as alleged.

I heard the learned counsel for the petitioners and the learned public prosecutor.

The learned counsel appearing for the petitioners would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the accused were in custody from 30.10.2023, and continued custody of the petitioners is unnecessary.

The learned public prosecutor opposed the petition.

Considering the fact that an intermediate quantity was seized from A1 and A2 and that there are no antecedents against the first petitioner herein, while antecedent under the NDPS Act is noted against the second petitioner, I am not inclined to grant bail to the second accused. However, I grant bail to the first petitioner subject to the following conditions:

(i)The first petitioner shall be released on bail on executing separate bonds for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction; one of the sureties shall be a parent or close relative of the petitioner.

(ii) The first petitioner shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m. for three months and thereafter as and when directed to appear.

(iii)The first petitioner shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence or do anything that might adversely affect the trial;

(iv) The first petitioner shall not commit any offence while on bail; (v)The first petitioner shall not leave the State of Kerala without the permission of the Court having jurisdiction;

(vi)The first petitioner shall not leave India without the permission of the jurisdictional Court and, if he has a passport, shall deposit the same before the Trial Court within a week.

(vii)The first petitioner shall furnish his present address along with his mobile number to the Court concerned as well as to the investigating officer.

(viii) In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.

Accordingly, the bail application is partly allowed.