Fasil V vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioner who is the first accused in Crime No. 942 of 2021 of Mannarghat Police Station, Palakkad District registered for the offence punishable under Sections 20(b), 8 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS' Act), has moved this application for his release on bail.

The prosecution allegation is that on 11.11.2021 at about 8.10 am while the SHO of Mannarghat Police Station was engaged with the duty of inspection of vehicles happened to see a motor cycle bearing No.KL 50 H 6876 proceeding through Mannarkad-Perithalmanna road. On suspicion, they intercepted the vehicle and examined and thus found this petitioner as well as the second accused in possession of 4 grams of MDMA, kept for the purpose of sale, in contravention of the provisions of the NDPS Act. Thereby, they have been booked for the aforesaid offences.

The petitioner has been in custody since 11.11.2021.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

The learned counsel for the petitioner has submitted that he has been falsely implicated in the case and so he is undergoing unnecessary incarceration right from the date of his arrest.

The learned Public Prosecutor has contended that the investigation of the case is only progressing.

This petitioner is a young man aged only 25 years and he is having no criminal antecedents as reported by the learned Public Prosecutor.

The contraband involved in this case is much less than commercial quantity. Therefore, the statutory embargo under Section 37 of the NDPS Act is not attracted.

Having regard to the facts and circumstances of the case as well the period of detention undergone by him in judicial custody, I am inclined to release him on bail subject to the following conditions :-

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

(ii) The petitioner shall appear before the investigating office for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.