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Judgment
15 paragraphs · 416 wordsA. Badharudeen, J
This is an application for regular bail filed under Sec.439 of the Cr.P.C.
The second accused in Crime No. 882 of 2021 of Vadanapally Police Station, registered for the offence punishable under Sec.22(b) of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS' Act), has filed this petition.
The prosecution allegation is that on 13.11.2021 at about 4.11 P.M., the Inspector of Police Vadanapally found a car bearing Registration No.KL-46-R-3004 parked in front of the Mayoora temple. On suspicion, he had inspected the car and found that the accused inside the car and were possessing 1.070 gram of MDMA kept, for the purpose of sale, in contravention of the provisions of the NDPS Act. Accordingly, both of them were arrested and the contraband recovered.
The petitioner has been in custody since 13.11.2021.
Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
The learned counsel for the petitioner submitted that the petitioner is innocent. Further, the 1st accused was released on bail by this Court.
The learned Public Prosecutor opposed bail and submitted that the investigation has progressed much. No criminal antecedents also registered in relation to the petitioner.
The contraband involved in this case is only intermediate quantity. On appraisal of the facts and circumstances as discussed and noticing the progress of investigation, I am inclined to release him on bail subject to conditions .
In the result, this petition stands allowed as under:
i. The petitioner shall be released on bail on executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction. One of the sureties shall be a close relative.
ii. The petitioner shall appear before the investigating officer on first Saturday of every month between 10.00 am and 12.00 noon for a period of three months or till filing of the final report, whichever is earlier.
iii. The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
iv. The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with law.