Muhammed Firosekhan vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is accused No.2 in Crime No.849/2021 of Mannarkkad Police Station alleging commission of offence punishable under Section 22(c) r/w Section 8(c) and Section 29 of the Narcotic Drugs And Psychotropic Substances(NDPS) Rule.

The prosecution allegation is that, on 20.09.2021, at 11:30 PM, the 1st accused was found in possession of 7 gms of MDMA and the 2nd accused was found in possession of 12 gms of MDMA while they were travelling in a car bearing Reg. No. KL50F-8777 in front of MES College, Mannarkkad, and thereby the accused have committed the aforesaid offence.

When the matter came up for consideration on 23.06.2022, a report was called for from the Regional Forensic Science Laboratory, Thrissur regarding the alleged contraband seized. The learned Public Prosecutor now handed over to the Court, the result of the chemical examination, in which the contraband was found to be 'methamphetamine' which is also a psychotropic substance and the commercial quantity of which as per the schedule of the NDPS Act is 50 grams. So going by the said report, it is submitted by the learned Public Prosecutor that the contraband seized is only intermediate quantity, as per the provisions of the NDPS Act.

The learned counsel for the petitioner submitted that the petitioner is in custody from 20.09.2021 onwards. It is also submitted that the petitioner has no other criminal antecedents.

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

Having regard to the facts and circumstances of the case and considering the fact that the quantity involved is intermediate quantity and that the petitioner is in custody from 20.09.2021 onwards, 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 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.849/2021 of Mannarkkad Police Station 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.849/2021 of Mannarkkad Police Station;

(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.849/2021 of Mannarkkad Police Station may file an application before the jurisdictional court, for cancellation of bail.