Najeeb S vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the accused in Crime No.1610/2021 of Thrikkakkara police station, alleging commission of offences under Sections 22(b)(II)(A) and 29

of the Narcotic Drugs and Psychotropic Substances Act.

Allegation against the petitioner is that he along with the other accused were found in possession of an intermediate quantity of MDMA and

Hashish oil and thereby, he and other accused have committed the offences alleged against them.

Learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner

had rented out an apartment and the second accused who is his friend, was also staying with him. It is submitted that the other accused in the case are

friends of the second accused and that the drugs were admittedly recovered from the exclusive possession of accused Nos.1 and 2. It is submitted

that the petitioner was totally unaware that the 2nd accused and his friends were in possession of drugs. It is submitted that the petitioner is therefore

entitled to be released on bail, especially considering the fact that he has been in custody from 31.12.2021.

Learned Public Prosecutor opposes the grant of bail. It is submitted that the petitioner and the other accused in the case are clearly guilty of the

offences alleged against them as recovery of drugs was from the apartment which was admittedly taken on rent by the petitioner. It is submitted that

the petitioner cannot escape from the liability stating that he was not aware of the fact that the 2nd accused and his friends in the case alone were in

possession of prohibited drugs. It is submitted that the petitioner in the case is equally guilty with the other accused in the matter. It is submitted that if

the petitioner is released on bail, there is every possibility that similar offences will be committed.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 31.12.2021 and

taking note of the submission of the learned counsel for the petitioner that the drugs in question were recovered from the exclusive possession of

accused Nos.1 and 2, I am of the view 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.1610/2021 of Thrikkakkara Police station on every Saturday at 11 am until filing of final report in

that crime;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.1610/2021 of Thrikkakkara police station;

(iv) 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;

(v) 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.1610/2021 of Thrikkakkara police station may

file an application before the jurisdictional court, for cancellation of bail.