Kiran vs State Of Kerala

Mohammed Nias C.P., J

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail. The petitioner is the second accused in Crime No. 1056/2023 of Ollur Police Station, Thrissur, for having committed the offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act.

The allegation against the petitioner is that, on 23.9.2023, at about 7.30 P.M., accused Nos.1 and 2 were found to have been in possession of 2 grams of MDMA at the house of the first accused and thus, the petitioner herein is alleged to have committed the offence.

The learned counsel appearing for the petitioner would submit that the petitioner is totally innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 23.9.2023, and the continued custody of the petitioner is unnecessary.

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 against the petitioner, the quantity of the contraband involved, and the fact that he has been in custody from 23.9.2023 and also, since there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner. It is also to be noted that no other criminal antecedents have been reported against the petitioner. I am inclined to grant bail under such circumstances.

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.

If any of the above conditions are violated, the jurisdictional court concerned shall be empowered to take steps for cancellation of bail, as per law.