Mohammed Althaf vs State Of Kerala

A. Badharudeen, J

This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking bail and the petitioner is the sole accused in crime No.464/2023 of Elamakkara Police Station, Ernakulam.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the report of the Investigating Officer, placed by the learned Public Prosecutor.

The prosecution case is that, at about 10.35 p.m. on 27.03.2023, the accused herein possessed 1.65 gram of MDMA and 28.07 gram of Ganja, against the prohibitions contained in the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act' hereinafter). The accused was nabbed while he was possessing and transporting the contraband on a motor cycle bearing registration No.KL-07-BQ-9363. Pursuant to arrest and recovery of the contraband, crime alleging commission of offences punishable under Sections 22(b) and 20(b)(ii)(A) of the NDPS Act was registered and is on investigation.

The learned counsel for the petitioner would submit that, the petitioner is innocent and he has no criminal antecedents. It is also submitted that, the petitioner was arrested on 28.03.2023 and he has been in custody thereafter. He has highlighted that the investigation has achieved much progress. Accordingly, the learned counsel for the petitioner pressed for release of the petitioner on regular bail, with offer to co-operate with the investigation.

The learned Public Prosecutor strongly opposed grant of bail to the petitioner highlighting the seriousness of the offences and primitive stage of investigation. However, it is conceded that the petitioner is a first time offender.

On perusal of the available materials, the allegation of the prosecution is well made out prima facie. However, the petitioner is a first time offender and the investigation has achieved much progress. Therefore, I am inclined to enlarge the petitioner on bail on stringent conditions and one among the conditions is that, the petitioner shall not involve in any other offence during the currency of bail hereby granted and any such event, if reported or came to the notice of this court, the same by itself shall be a reason to cancel the bail hereby granted.

Therefore, this petition stands allowed. The petitioner is enlarged on bail on conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The petitioner shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Mondays between 9 am and 10 am, for a period of two months.

iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioner shall surrender his passport before the Jurisdictional Court on the date of execution of the bail bond or within ten days therefrom, with special permission of the Jurisdictional Court. If the petitioner has no passport, he shall file an affidavit to that effect, instead of surrendering passport, within the stipulated time.

vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same alone shall be a reason to cancel the bail hereby granted.