Muhsin P.A vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

Petitioner is the sole accused in Crime No.6/2022 of Kuthiyathode Excise Range office, Alappuzha district, alleging commission of offences under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act.

Allegation against the petitioner is that on 23.03.2022, while on patrol duty, the Excise officials found the petitioner moving in a suspicious manner and on search, it was found that he was in possession of 530 mg of MDMA and thereby, he committed the offences alleged against him.

Learned counsel appearing for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner has been falsely implicated. It is submitted that the petitioner has been in custody for 66 days and his continued detention is not necessary in the facts and circumstances of the case. It is submitted that the petitioner has no criminal antecedents.

Learned Public Prosecutor pointed out the facts and circumstances of the case from the records. It is confirmed that no criminal antecedents are reported against the petitioner.

Having regard to the facts and circumstances of the case and considering the fact that only an intermediate quantity of MDMA has been recovered from the possession of the petitioner and taking into account the fact that no criminal antecedents are reported against the petitioner and especially considering the fact that he has been in custody for 66 days, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following 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. 6/2022 of Kuthiyathode Excise Range office on every Saturday at 11 am until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.6/2022 of Kuthiyathode Excise Range office police station;

(iv) 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. 6/2022 of Kuthiyathode Excise Range office may file an application before the jurisdictional court, for cancellation of bail.