Muhammed Shibil vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

The petitioner is the 1st accused in Crime No.624/2022 of Pandikkad Police Station, Malappuram alleging commission of offences punishable under Sections 22 (b) and 29(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution allegation is that, on 02.12.2022 at 7.45 pm, at Karaya Khaja Nagar, the petitioner was found in possession of 7.22 gms of MDMA, which was purchased by the 2nd accused from Bangalore in pursuance of the conspiracy between the accused persons and thereby committed the aforesaid offences.

The learned counsel for the petitioner submitted that the petitioner is falsely implicated in the above said crime and he is in custody from 02.12.2022 onwards. The alleged contraband was procured by the 2nd accused and handed over to the petitioner herein and further that the petitioner has no other criminal antecedents.

The learned Public Prosecutor opposed the application for bail mainly contending that the petitioner was found in possession of large quantity of chemical drug but submitted that the petitioner is not involved in any other crime.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 02.12.2022 and that he has no other criminal antecedents, I am inclined to grant bail to the petitioner but taking note of the seriousness of the allegations the same shall only be on the following stringent conditions:

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

(ii) Petitioner shall appear before the investigating officer in Crime No.624/2022 of Pandikkad Police Station, Malappuram on every Saturday at 11 am for a period of six months;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.624/2022 of Pandikkad Police Station, Malappuram;

(iv) The petitioner shall not leave the State of Kerala without obtaining prior permission from 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 not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.624/2022 of Pandikkad Police Station, Malappuram may file an application before the jurisdictional court, for cancellation of bail.