Murshid vs State Of Kerala

Mohammed Nias C.P., J

The petitioners are accused Nos. 2 and 3 in Crime No. 651/2024 of Perinthalmanna Police Station, Malappuram for having committed offences punishable under Sections 22(b)and 29 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case is that on 03.04.2024 at 21.55 hrs, in the room situated on the first floor of the Hilltop Resort at Pathakara, the accused No. 1 to 4 were allegedly found in possession of 3.25 grams of MDMA, for sale. Thus the accused allegedly committed offences punishable under sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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 petitioner has been in custody since 3.04.2024, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the allegations against the petitioner, the quantity involved, and the fact that he has been in custody from 03.04.2024 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. It is also to be noted that 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 petitioners 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 involve in any other crime while on bail.

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