Mohammed Zidan Ras vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the 2nd accused in Crime No.19/2022 of Thalassery Police Station, Kannur District alleging commission of offence under Section 22(b) of Narcotic Drugs and Psychotropic Substances Act.

The allegation against the petitioner is that he along with the other accused in the case was found in possession of 510 mg of MDMA each, while they were in Room No.204 of a Hotel known as 'Victorial Hotel'.

The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that MDMA was actually recovered from the possession of the 5th accused, who managed to escape from the scene. It is submitted that the petitioner has been in custody from 04.01.2022 and that since the alleged recovery is in respect of quantities less than commercial quantity, the petitioner is entitled to statutory bail at the end of sixty days in custody as a final report has not been filed in the matter. It is submitted that the petitioner is 20 years of age and that his continued detention may not be necessary for the purposes of any investigation.

I have heard the learned Public Prosecutor also.

The learned Public Prosecutor opposes the grant of bail. It is submitted that the petitioner is accused of a very serious offence and he cannot be granted bail at this stage as there is every chance of similar offences being repeated, if the petitioner is granted bail. It is submitted that MDMA is a very dangerous synthetic drug and the petitioner is clearly found in possession of certain quantities of MDMA. It is submitted that the petitioner is not entitled to bail at this stage.

Having regard to the facts and circumstances of the case and taking into account the fact that the petitioner has been in custody from 04.01.2022 and has completed 57 days in custody as on date, I am of the view that the petitioner can be granted bail, especially, since his continued detention may not be necessary for the purposes of investigation.

In the result, this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(a) The petitioner shall execute 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; (b)The petitioner shall report before the investigating officer in Crime No. 19/2022 of Thalassery Police Station, every Saturday at 11 a.m., until filing of final report;

(c) The petitioner shall not interfere with the investigation or to influence or intimidate any witness in Crime No. 19/2022 of Thalassery Police Station;

(d)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. 19/2022 of Thalassery Police Station, may file an application before the jurisdictional Court for cancellation of bail.