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Judgment
11 paragraphs · 361 wordsViju Abraham, J
The petitioners are accused Nos. 1 & 2 in the Crime No.07/2022 of Excise Range Office, Vamanapuram. The offence alleged against petitioners is under Section 22(b) of Narcotics Drugs and Psychotropic Substances (NDPS) Act.
The prosecution allegation is that, on 11.04.2022 at about 5 P.M., the accused were found in possession and transporting 0.590 grams of MDMA in a Motorcycle bearing Registration No.KL-21-V-4044 and thus, the petitioners had committed the above said offence.
The petitioners earlier moved the Sessions Court, Thiruvananthapuram by filing Criminal M.P.No.878/2022 seeking regular bail and the same was rejected as per Annexure A1 order. The learned counsel for the petitioners submitted that the petitioners were arrested on 11.04.2022 and that they are continuing in custody. It is also submitted that the petitioners are innocent and they have no other criminal antecedents.
The learned Public Prosecutor upon instructions submitted that the investigation is at the initial stage and if the petitioners are released on bail at this stage, it will hamper the investigation.
Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioners are first time offenders and they are in custody from 11.04.2022 onwards, I am inclined to grant bail to the petitioners on the following conditions:
(i) The petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only)each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;
(ii) Petitioners shall appear before the investigating officer in Crime No.07 of 2022, Vamanapuram Excise Range Office, Thiruvananthapuram on every Saturday at 11 am until filing of final report;
(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No. 07 of 2022, Vamanapuram Excise Range Office, Thiruvananthapuram;
(iv) The petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No. 07 of 2022, Vamanapuram Excise Range Office, Thiruvananthapuram may file an application before the jurisdictional court, for cancellation of bail.