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Judgment
12 paragraphs · 416 wordsViju Abraham, J
This is an application for regular bail.
The petitioner is accused No.2 in Crime No.733/2022 of Mannuthy Police Station, Thrissur District, alleging commission of offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act.
The prosecution allegation is that, on 20.09.2022, at about 9.45 AM, the Police party seized 6 grams of MDMA from the accused who were transporting the same on a motorbike bearing registration No.KL-46-T-349 and thereby committed the aforesaid offence.
4 .The learned counsel for the petitioner submitted that the petitioner was arrested on 20.09.2022 and he is in custody since then. It is also submitted that only 2 grams of MDMA was seized from his possession. It is further submitted that the petitioner has no other criminal antecedents.
The learned Public Prosecutor seriously opposed the bail application mainly contending that all the three accused were travelling together in a motorcycle and they were found in possession of 6 gms of MDMA and seized the same. It is further submitted that the petitioner has no other criminal antecedents.
Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 20.09.2022 onwards and that he has no other criminal antecedents, and also taking into consideration the age of the petitioner, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:
(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court and one of the sureties shall be a close relative or parent of the petitioner;
(ii) Petitioner shall appear before the investigating officer in Crime No.733/2022 of Mannuthy Police Station, Thrissur District on every Saturday at 11 am, until filing of final report;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.733/2022 of Mannuthy Police Station, Thrissur District;
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.733/2022 of Mannuthy Police Station, Thrissur District may file an application before the jurisdictional court, for cancellation of bail.