Fayis Mubasheer vs State Of Kerala

Mohammed Nias C.P., J

The petitioner is the 1st accused in Crime No. 757/2023 of Tenhipalam Police Station for having committed offences punishable under Sections 22(b) of the NDPS Act.

The allegation against the petitioner is that, on 31/07/2023 at about 1.45 p.m., the Police Inspector and party detected the petitioner, along with another person who is arrayed as 2nd accused in the crime jointly found in possession of 5.5 grams of MDMA near the public road in Pallikkal College which is situated in Puthur Pallikkal Road, in a car bearing registration number KL-10-BD-3634 in Malappuram District and thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 31/07/2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and pointed out that the petitioner is not entitled to bail.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the offfences committed by the petitioner and the fact that he has been in custody from 31/07/2023 and also since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I hold that bail can be granted 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, out of which one surety has to be a parent or a close relative, 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 involve in any other crime while on bail.

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