Jibeesh vs State Of Kerala

This is an application for regular bail under Section 439 of the Cr.P.C.

The applicant is the sole accused in Crime No.249/2021 of Koratty Police Station for having allegedly committed an offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act (for short "NDPS Act").

The prosecution case, in brief, is that on 17.03.2021 at about 23.45 hours, the applicant was intercepted by the police while he was coming on his motorcycle bearing Reg.No.KL-42-D-15 and on search 0.0199 grams of LSD stamp was seized from him. He was arrested and remanded to judicial custody and he continues in custody.

The applicant states that the allegations are not true and that he has been falsely implicated and he is not involved in any other crime of similar offence, and therefore, he seeks bail.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor admits that the applicant has no other criminal antecedents. The quantity of the contraband article is not commercial and therefore the rigour uunder Section 37 of the NDPS Act will not be attracted.

As a result, the bail application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:

i) He shall appear before the investigating officer as and when called for and shall cooperate with the investigation;

ii) He shall not attempt to influence or intimidate the witnesses; and

iii) He shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.