Muhammed Hashir vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.34/2021 of Chalakkudy Excise Range, Thrissur District alleging commission of offences under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act 2021.

The allegation against the petitioner is that the petitioner was found in possession of 0.0180 grams of LSD. The learned counsel for the petitioner submits that the petitioner was arrested on 21.12.2021 and therefore, the petitioner has completed 62 days in custody as on date. It is submitted that the petitioner is entitled to statutory bail.

I have heard the learned Public Prosecutor also.

The learned Public Prosecutor on instructions would submit that the final report has not been filed in the matter. Since the petitioner is entitled to statutory bail as on date, without going into any other aspect of the matter, I direct that the petitioner shall be released on bail subject to conditions.

In the result this 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) The petitioner shall report before the Investigating officer in Crime No. 34/2021 of Chalakkudy Excise Range, Thrissur District, as and when called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No. 34/2021 of Chalakkudy Excise Range, Thrissur District;

(iv) 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.34/2021 of Chalakkudy Excise Range, Thrissur District, may file an application before the jurisdictional Court for cancellation of bail.