Muhammed Riyas vs State Of Kerala

K. Haripal, J

This is an application filed under Section 439 of the Code of Criminal Procedure by the second accused in Crime No.140/2021 of Kalpakancheri

Police Station in Malappuram district. The crime was registered on 23.05.2021 alleging offence punishable under Sections 20(b) (ii) B and 29 of the

NDPS Act.

The allegation is that the petitioner along with the first accused, while moving on a motor bike was arrested along with 1.1 kg of ganja. The specific

allegation against the petitioner is that 400 grams of ganja was seized from him and since then he is in judicial custody. His application for bail moved

before the Special Court Manjery was dismissed by order dated 07.06.2021.

I heard the learned counsel for the petitioner and also the learned Public Prosecutor. The leaned counsel for the petitioner submits that he is a first

time offender. The learned Public Prosecutor has no case that he has any criminal antecedence. In the circumstances and having regard to the fact

that he is in judicial custody from 23.05.2021 onwards, and having regard to the progress in investigation, he shall be released on bail on the following

conditions:-

i) The petitioner shall execute a bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the

jurisdictional court;

ii) He shall not try to contact or influence the witnesses or tamper with the evidence;

iii) Petitioner shall not leave India without permission of the jurisdictional Court;

iv) He shall appear before the Investigating Officer/trial court as and when required;

v) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of

Covid 19 pandemic;

vi) If any of the above conditions are violated by the petitioner, the jurisdictional Court shall be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.