Jamaludheen vs State Of Kerala

Dr. Kauser Edappagath, J

This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The applicant is the accused No.3 in Crime No.837 /2023 of Areakkode Police Station, Malappuram district. The offences alleged are punishable under Section 22(c) r/w Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (NDPS Act).

The prosecution case, in short, is that the applicant along with accused Nos.1 and 2 were found in possession of 46.5 grams of MDMA in contravention of the NDPS Act and Rules and when the excise party stopped them from moving the spot, the applicant ran away and the contraband article was seized from the possession of accused Nos.1 and 2.

I have heard Sri.Susanth Shaji, the learned counsel for the applicant and Smt. Nima Jacob, the learned Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

The applicant was remanded to judicial custody on 25-07-2023. The case of the prosecution is that the applicant along with accused Nos.1 and 2 procured 46.5 grams of MDMA from accused Nos.4 and 5. According to the prosecution, on seeing the excise party, the applicant ran away from the spot and later on he was arrested from a car. The contraband were seized from the possession of accused Nos.1 and 2. The total quantity of the contraband seized from the possession of the accused No.1 was 45.5 grams and the total quantity of contraband seized from the possession of accused No.2 was 1 gram. Considering the fact that the total quantity of contraband seized from the possession of the accused No.2 was only 1 gram, this Court granted bail to the accused No.2 as per the order in B.A.No.8309/2023 dated 11-10-2023. As stated already, nothing has been seized from the possession of the applicant. Hence rigour of Section 37 of the NDPS Act cannot be applied against him. He is in custody since 25-07-2023. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. on every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.