Nikhil Shaji vs State Of Kerala

Mohammed Nias C.P.J

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

The petitioner is the 2nd accused in Crime No.467 of 2022 of Walayar Police station, Palakkad, for having committed offences punishable under Sections 22(c) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case is that on 16.10.2022, at about 4.40 p.m., the 1st accused was found in possession of 12.85 grams of MDMA for sale near the Walayar Toll Plaza. Accordingly, the accused was arrested, and the contraband was seized. Pursuant to recovery and arrest, crime alleging commission of offences punishable under Sections 22(c) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act (`NDPS Act' for short hereinafter) was registered.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent of the allegations levelled against him. It is also submitted that the quantity involved in this case is only 12.85 grams of MDMA. It is urged that the petitioner is in custody from 28.10.2022, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the application.

After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor, taking into account the allegations and the quantity involved, that the 2nd accused and the 3rd accused are similarly placed, the 3rd accused has been granted bail as per order dated 11.09.2023 in B.A.No.6052/2023, the petitioner herein also was arrested on 28.10.2022 as in the case of the third accused, the reasons mentioned in the order for granting bail to the 3rd accused, and also there are no antecedents reported against the 2nd accused since and 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.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) The petitioner shall appear before the investigating officer in Crime No.467/2022 of Walayar Police Station, Palakkad District, on all second Saturdays at 11.00 a.m. until completion of the trial;

(iii) The petitioner shall not leave the State of Kerala without obtaining prior permission from the jurisdictional Court;

(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 his release on bail;

(v) The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above-said crime;

(vi) The petitioner shall not be involved in any other crime while on bail;

(vii) If any of the aforesaid conditions are violated, the investigating officer in Crime No.467/2022 of Walayar Police Station may file an application before the jurisdictional court for cancellation of bail;