Maheen vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 5th accused in Crime No.591 of 2022 of Kayamkulam Police Station, Alappuzha registered alleging commission of offences punishable under Section 8(c) read with Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution case is that on a specific tip off received to the police party on 25.06.2022 that accused Nos.1 to 4 were transporting MDMA for the purpose of sale at a place near to Kayamkulam Municipality Park, they apprehended accused Nos.1 to 4 and on search of their body, MDMA weighing 4.48 grams, 2.09 grams, 2.35 grams and 2.20 grams respectively was seized. When the confession statement was recorded by the Police, accused Nos.1 to 4 stated that the contraband article was given to them by the 5th accused. Thus the petitioner has committed the aforesaid offences.

Petitioner submits that he was arrested on 26.07.2022 and is in custody since then. When the matter was taken up for consideration, the learned counsel for the petitioner submitted that since the final report is not filed as on date, the petitioner is entitled for statutory bail.

The learned Public Prosecutor upon instructions submitted that it is true that the charge sheet has not been filed as on date and the petitioner is entitled for statutory bail. Learned Public Prosecutor upon instructions further submitted that the petitioner is involved in five other criminal cases, of which two are punishable under the NDPS Act.

Considering the facts and circumstances of the case and taking note of the detention of the petitioner from 26.07.2022 onwards and the fact that the charge has not been filed as on date, the petitioner is entitled for default bail, but taking note of the criminal antecedents of the petitioner, the same shall only be on stringent conditions.

(i) The petitioner shall execute 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) He shall appear before the investigating officer in Crime No.591 of 2022 of Kayamkulam Police Station, Alappuzha on all Saturdays at 11.00 a.m. for a period of six months.

(iii) He shall not leave the State of Kerala without obtaining prior permission from the jurisdictional court.

(iv) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(v) He shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.591 of 2022 of Kayamkulam Police Station, Alappuzha may file an application before the jurisdictional court, for cancellation of bail.