Nasif.N vs State Of Kerala

Mohammed Nias C.P.J

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.

The petitioner is the accused in Crime No.49/2023 of Neyyatinkara Excise Range, Thiruvananthapuram District, for having committed offences punishable under Section 22(b) & 8(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution case is that on 22.06.2023 at about 7 a.m., the petitioner was found in possession in his pocket and transporting 7.40 grams of MDMA in Murahara Tours and Holidays Bus bearing registration No.KA-01-AM-7666 near Amaravila Excise Check Post, Neyyatinkara Village, in violation of the provisions of the NDPS Act, and thereby committing the above offence.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 22/06/2023, 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 considering the nature of the allegations, taking into account the fact that he has been in custody since 22/06/2023, that intermediate quantity is involved, that no apprehension being raised by the prosecution that if released on bail the petitioner is likely to abscond, I am inclined to grant bail. Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

The petitioner shall be released on bail on executing separate bonds for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction; one of the sureties shall be a parent or close relative of the petitioner.

He shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m. for three months and thereafter as and when directed to appear.

He shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence or do anything that might adversely affect the trial;

He shall not commit any offence while on bail;

He shall not leave the State of Kerala without the permission of the Court having jurisdiction;

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.

He shall furnish his present address and his mobile number to the Court concerned and the investigating officer.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.