Harif C vs State Of Kerala

K.Haripal, J

Petitioner is the sole accused in Crime No. 214/2021 of Iritti police station which was registered alleging offence under Section 22(b) of Narcotic

Drugs and Psychotropic Substances Act, 1985. The subject matter of the crime is the seizure of 4.38 grams of MDMA from the possession of the

petitioner on 03.06.2021 at 4.05 A.M., while he was travelling in a car bearing Registration No. KL-78-6789 at Kootappuzha police check post. The

petitioner was arrested along with the contraband and since then is in judicial custody.

The earlier application for bail was dismissed by this Court vide order dated 30.06.2021. Now the learned counsel for the petitioner submits that he

is in custody for the last 62 days, that he is entitled to get statutory bail since the final report is not yet laid.

The learned Public Prosecutor also confirms that the final report is not laid. That means he is entitled to get statutory bail under Section 167(2) of

the Code of Criminal Procedure. He shall be released on bail on the following conditions:-

i) The petitioner shall execute 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) He shall surrender his passport within ten days from the date of release on bail before the jurisdictional court. If he does not possess a passport, an undertaking

shall be filed to that effect;

iii) He shall not try to contact or influence the witnesses or tamper with the evidence;

iv) He shall not involve in any crime during the bail period;

v) He shall not leave the country without permission of the jurisdictional Court;

vi) He shall appear before the Investigating Officer/committal court/trial court as and when required.

vii) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of

Covid 19 pandemic;

viii) If any of the above conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.