Mahin Ijas C.M vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner herein is the accused No.1 in Crime No.583/2022 of Kasaragode Police station, Kasargode District, alleging commission of offences punishable under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and section 179(1) and 181 of the Motor Vehicle Act, 1988.

The prosecution case is that on 20.07.2022 at about 06.30 PM, when the subordinate officers of respondent No.2 is conducting motor vehicle inspection at National highway near Karanthakkode Uma Nursing Home at Kasaba gramam, Kasargode, a car bearing registration no. KL-60J-4403 in which the accused persons were travelling from Kumbala bhagom to Kasargode bhagom and when the defacto complainant tried to stop the said vehicle by showing his hand, the accused persons did not stop the vehicle. Thereafter the said car was intercepted by the police near Karanthakkode Madhoor road junction and 5 grams of MDMA was recovered from the said car and thereby the accused has committed the said offences.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner submitted that he is totally innocent of the charges levelled against him and he did not have a driving licence and further that he was not aware of the possession of the contraband as alleged and had not conscious possession of the contraband. The learned counsel further submitted that petitioner was arrested on 20.07.2022 and he is in custody since then and further that he has no criminal antecedents.

The learned Public Prosecutor opposed the application for bail mainly contending that the petitioner was arrested at the spot and from the car 5 grams of MDMA was seized and he was driving the car and he did not stop, when asked by the police party, but further submitted that he has no criminal antecedents.

Considering the facts and circumstances of the case and the nature of the allegations and considering the fact that the petitioner is in custody from 20.07.2022 onwards and he has no criminal antecedents, 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 Crime No.583/2022 of Kasaragode Police station, Kasaragode 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 the defacto complainant or any witness in Crime No.583/2022 of Kasaragode Police station, Kasaragode District,

(iv) 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 Crime No.583/2022 of Kasaragode Police station, Kasaragode District, may file an application before the jurisdictional court, for cancellation of bail.