Kiran vs State Of Kerala

Mohammed Nias C.P., J

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.

The petitioner is the accused in Crime No.675/2023 of Kayamkulam Police Station, Kollam District, for having committed offences punishable under Section 8(C), r/w Section 22(b) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The allegation against the petitioner is that on 5.7.2023 at 5.00 p.m., while the Sub Inspector of Police, Kayamkulam Police Station conducting law and order patrolling and when they reached near Idayanambalam in Ochira-Ayiram Thengu Road, two persons were found to be standing in a suspicious circumstances. It is also alleged that the two persons found by the police party tried to escape from the place. The police patrolling party restrained them, and on personal search, 1.110 grams of MDMA was found in the pocket of the accused, thereby committing the above offence.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 05/07/2023, and continued custody of the petitioner is unnecessary. It is also pointed out that the second accused was granted bail by the Addl. Sessions Court-III, Alappuzha, on 1.9.2023

The learned public prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the allegations, including the quantity seized, the fact that he has been in custody since 05/07/2023 and the major part of the investigation is over, that no apprehension being raised by the prosecution that if released on bail the petitioner is likely to abscond, that the second accused was granted bail by the Addl. Sessions Court-III, Alappuzha, on 1.9.2023, I am inclined to grant bail. Though antecedents are reported against the petitioner, an accused cannot be kept in judicial custody as a measure of punishment. Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall report before the Investigating Officer every Saturday between 9 a.m. and 10 a.m. till the final report is laid;

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iv) The petitioner shall not be involved in any other crime while on bail.

(v) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.