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Judgment
12 paragraphs · 372 wordsMohammed Nias C.P., J
This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
The petitioner is the first accused in Crime No. 651/2024 of Perinthalmanna Police Station, Malappuram district for having committed offences punishable under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’).
The allegation against the petitioner is that, on 03.04.2024, at 9.55 p.m., accused Nos.1 to 4 were found possessing 3.25 grams of MDMA for sale in a room at Hilltop Resort and thereby committed the offence. The petitioner was arrested on 03.04.2024 and he has been in judicial custody since then.
The learned counsel appearing for the petitioner would say that the petitioner is innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 03.04.2024, and continued custody of the petitioner is unnecessary.
The learned Public Prosecutor opposed the petition.
Taking into account the fact that the quantity of the contraband seized is only 3.25 grams, that the petitioner has been in judicial custody since 03.04.2024, the submission of the learned Public Prosecutor that no antecedents are reported against the petitioner and also since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I am inclined to grant bail to the petitioner. Accordingly, this application is allowed and the petitioner is granted bail subject to the following conditions:-
(i) The petitioner shall be released on bail on executing 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) The petitioner shall report before the Investigating Officer every Saturday between 9 a.m. and 10 a.m. till the final report is laid;
(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;
(iv) The petitioner shall not be involved in any other crime while on bail.
(v) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.