Muhammed Shifas vs State Of Kerala

Mohammed 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 2nd accused in Crime No. 880/2023 of Mala Police Station for having committed offences punishable under Sections 22(b) of the Narcotic Drugs and Psychotropic Substances Act.

The allegation against the petitioner is that, on 09.08.2023 at about 7.00 p.m., the petitioner, along with the other accused, were found in possession of 1.700 grams of MDM in the room of a lodge at Valiyaparambu junction, in contravention of the provisions of the NDPS Act and thereby committed the aforesaid offence.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the accused is in custody from 09.08.2023, and continued custody of the petitioner is unnecessary. The learned counsel for the petitioner submits that the Sessions Court, Thrissur, has granted bail to the 3rd accused in the above crime in Crl. M.P No.4583 of 2023 dated 27.09.2023.

The learned public prosecutor opposed the petition

Taking into account the quantity involved, the fact that the petitioner has been in custody since 09.08.2023, the 3rd accused has already been granted bail and also, since there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner, more so when no other criminal antecedents have been reported against 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) The petitioner shall surrender his passport, if any, within seven days from the date of his release before the Court concerned, and if the release of the passport is required at a later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter.

(vi) The petitioner shall furnish his present address along with the mobile phone number to the court concerned as well as to the Investigating Officer.

(vii) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;