Mubarak vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The Petitioner is the 1st accused in Crime No. 1790/2021 of Chirayinkeezhu Police Station, Trivandrum District alleging commission of offences punishable under Sections 20(b)(ii)B, 22(c) & 29 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution allegation is that, on 24.09.2021 at about 04.05 PM, on the basis of prior information, a search was conducted in the house of 1st accused and seized 63.60 grams of MDMA from the almirah of said house. Further case is that at about 4.50 PM, a car bearing registration number KL-16-L-2419 parked in the premises of said house was searched in the presence of gazetted officer and seized 2.100 grams of Ganja from the car. Accused Nos. 1 to 5 were arrested from the said house. Thus the accused have committed the alleged offences.

The petitioner submits that he is in custody from 24.09.2021 onwards. Petitioner has approached this Court earlier by filing B.A. No.3790/2022, which was rejected by this Court as per Annexure 1 common order. It is further submitted that he has no other criminal antecedents. It is also submitted that the 4th accused was granted bail by this Court as per order in B. A. No.1159/2022 and accused Nos. 5 and 6 were granted bail by the Sessions Court, Thiruvananthapuram. The petitioner further submits that the 3rd accused was granted bail by this Court in B. A. No.4198/2023. It is also contended by the petitioner that accused Nos.5 and 6 who were involved in other criminal cases including offences under the NDPS Act were also granted bail. The petitioner also relies on the judgment of this Court in Fasal v. State of Kerala [ 2023 (3) KHC 212] wherein this Court has fixed the parameters for consideration of bail wherein the rigor of Section 37 of the NDPS Act is involved. It is further submitted that even though there is a direction by this Court dated 04.01.2023, in B.A.No.9721/2022, to expedite the trial of the case, even the charges have not been framed till date.

The learned Public Prosecutor though opposed the application for bail, submitted that the petitioner has no other criminal antecedents.

After hearing both sides, I am of the opinion that the case of the petitioner falls within the parameters fixed by this Court in Fasal’s case supra. Therefore, I am inclined to grant bail to the petitioner. In the result, the bail application is allowed and it is ordered that the petitioner shall be released on bail on the following stringent 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) The Petitioner shall not intimidate the witnesses or tamper with evidence. He shall be available for trial. He shall appear before the Investigating Officer on every Monday in between 9 a.m. and 12 noon for a period of two months and also appear before the Investigating Officer as and when directed.

(iii) The petitioner shall not leave India without prior permission of the jurisdictional Court

(iv) The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial Court. If he has no passport, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 1790/2021 of Chirayinkeezhu Police Station, may file an application before the jurisdictional court, for cancellation of bail.