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Muhammed Shaffek vs State Of Kerala

High Court Of Kerala · Decided on 28 March 2022 · Citation: (2022) 03 KL CK 0238

HON’BLE JUDGES
Gopinath P, J
ACTS & SECTIONS REFERRED
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 22(b), 29
RESULT
Dismissed
CASE NUMBER
Bail Application Nos. 1741, 1873, 1928 Of 2022
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Judgment

11 paragraphs · 339 words

Gopinath P., J

These are applications for regular bail.

2.

Petitioners in these cases are accused in Crime No.36 of 2022 of Malampuzha Police Station, Palakkad District, alleging commission of offences under Sections 22(b) and 29 of the NDPS Act.

3.

When these matters are taken up for consideration today, it is the submission of the learned counsel appearing for the petitioners in these cases that the petitioners are entitled to statutory bail as on date considering the fact that they were arrested on 27.01.2022. It is submitted that no final report has been filed in the matter and that the petitioners have been in custody for more than 60 days.

4.

Heard the learned Public Prosecutor also. The learned Public Prosecutor, on instructions, would confirm that the petitioners in these cases were arrested on 27.01.2022 and also that final report has not been filed in the matter. That being so, without going into any other aspect of the matter, I am of the view that the the petitioners are entitled to be released on bail as their continued detention may not be authorized by law.

5.

In the result, these bail applications are allowed and it is directed that the petitioners shall be released on bail subject to the following conditions:

(1) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court;

(2) Petitioners shall not attempt to or to influence or intimidate any witness in Crime No.36 of 2022 of Malampuzha Police Station, Palakkad District;

(3) Petitioners shall report before the investigating officer in Crime No.36 of 2022 of Malampuzha Police Station, Palakkad District, every Saturday at 11.00 A.M until further orders;

(4) Petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.36 of 2022 of Malampuzha Police Station, Palakkad District, may file an application before the Jurisdictional Court for cancellation of bail.