Kabeer vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is the 2nd accused in C. R. No.17/2022 of Excise Range Office, Pattambi, Palakkad District, alleging commission of offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution allegation is that, the petitioner was intercepted along with other accused and they were found in possession of 14 grams of methamphetamine, out of which, 6 grams was found from the possession of the petitioner herein.

4 .The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime and that he has no other criminal antecedents. It is also submitted that the petitioner is in custody from 28.10.2022 onwards.

The learned Public Prosecutor opposed the bail application mainly contending that large quantity of the contraband was seized from the possession of the accused, but 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 a first time offender and he is in custody from 28.10.2022 onwards, 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;

(ii) Petitioner shall appear before the investigating officer in C. R. No.17/2022 of Excise Range Office, Pattambi, Palakkad 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 any witness in C. R. No.17/2022 of Excise Range Office, Pattambi, Palakkad District;

(iv) The   petitioner   shall   not   leave   the jurisdictional limit of Pattambi Excise Range Office, without obtaining prior permission from the jurisdictional Court;

(v) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in C. R. No.17/2022 of Excise Range Office, Pattambi, Palakkad District may file an application before the jurisdictional court, for cancellation of bail.