Muhammed Imthyas. H.M. vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the sole accused in Crime No.292 of 2022 of Bekal Police Station, Kasaragod registered alleging commission of offence punishable under Section 22(c) of NDPS Act.

The prosecution case is that, on 25/03/2022 at 17.35 hours, the petitioner herein was found in possession of 10.07 grams of MDMA for sale at a place called Bekal junction in Pallikara village in violation of the NDPS Act.

The petitioner submits that he is in custody from 25.3.2022 onwards. He has a specific case that the alleged contraband is not MDMA as alleged by the prosecution. On the said specific assertion, this Court had called for a report from the Chemical Analysis Laboratory concerned regarding the alleged contraband. The learned Public Prosecutor upon instructions and on the basis of the chemical analysis report submitted that the alleged contraband is methamphetamine and not MDMA. Since the quantity involved is 10.07 grams, it is admittedly an intermediate quantity.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

Learned Public Prosecutor seriously opposed the application for bail, mainly contending that the petitioner has serious criminal antecedents of having involved in 11 other cases out of which two cases are offences punishable under the provisions of NDPS Act. Learned Public Prosecutor further submitted that the charge sheet is already laid and the case is now pending as SC No.319 of 2022 before the Sessions Court, Kasaragod.

Considering the facts and circumstances of the case and the nature of the allegation, and that the petitioner is in custody from 25.03.2022 onwards, I am inclined to grant bail to the petitioner, but taking note of the serious antecedents of the petitioner, the same shall only be on 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.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court, one of the sureties shall one of his parents or close relatives of the petitioner;

(ii) Petitioner shall appear before the investigating officer in Crime No.292 of 2022 of Bekal Police Station on every Saturday at 11 am, until completion of the trial;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime;

(iv) The  petitioner  shall  not  leave  the State of Kerala without obtaining the previous permission of the jurisdictional court;

(v) 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 appear before the trial court in SC No.319 of 2022 on all postings, except on medical grounds.

(vii) 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.292 of 2022 of Bekal Police Station may file an application before the jurisdictional court, for cancellation of bail.