Muhammed Shafeeque vs State Of Kerala

Ziyad Rahman A.A., J

These applications are filed u/s. 439 of the Code of Criminal Procedure seeking regular bail.

These bail applications were submitted by the accused in Crime No.328 of 2023 of Karipur Police Station, which was registered for the offences punishable under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Bail application No.4551 of 2023 is filed by the 1st accused and 4547 of 2023 is filed by the 2nd accused.

The prosecution case is that, on 12.05.2023 at 3.15 PM, the petitioners were found in possession of 0.83 grams of MDMA. To be precise, from the possession of the 1st accused, 0.43 grams of MDMA and 0.40 grams from the possession of the 2nd accused were recovered. The crime was registered in such circumstances and the petitioners were arrested on the above said date. These applications for regular bail are submitted in such circumstances.

Heard Sri.Nireesh Mathew, learned counsel for the petitioners, Sri.Manu P.G and Smt.Neema T.V., learned Public Prosecutors for the State.

The learned counsel for the petitioners submits that the petitioners are innocent of all the allegations. It is also pointed out that, considering the fact that the contraband allegedly seized from the possession of the petitioners are intermediate quantity, stringent conditions as contemplated under Section 37 of the NDPS Act are not necessary. Hence, considering the period of detention the petitioners had already undergone, they seek for release on bail. Petitioners are ready and willing to cooperate with the investigation and shall abide by any condition that may be imposed by this Court, submits the learned counsel for the petitioners.

On the other hand, the learned Public Prosecutor opposes the applications. It is submitted that the petitioners were caught red-handed along with the contraband, and the matter is now under investigation. However, it is pointed out that the petitioners were not involved in any other cases.

I have gone through the records. There are indeed allegations against the petitioners and as per the prosecution, they were caught along with the contraband article and the matter is under investigation. However, the fact remains that the quantity recovered from the possession of the petitioners is not commercial quantity, and hence no stringent condition as contemplated under Section 37 of the NDPS Act in the matter of bail is applicable. The petitioners do not have any criminal antecedents. In such circumstances, considering the period of detention the petitioners have already undergone, I deem it appropriate to grant bail imposing appropriate conditions to ensure his cooperation with the investigation.

Accordingly, these bail applications are allowed. Petitioners are directed to be released with the following conditions:

(i) The petitioners shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

(ii) The petitioners shall fully cooperate with the investigation.

(iii) The petitioners shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Monday until the filing of the final report.

(iv) The petitioners shall also appear before the investigating officer as and when required by him.

(v) The petitioners shall not commit any offence of similar nature while on bail.

(vi) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioners shall not leave the State of Kerala without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.