Nizar.K.P vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under section 439 of the Code of Criminal Procedure 1973.

Petitioner is the 2nd accused in Crime No.232/2023 of Bekal Police Station, Kasaragode district. The offence alleged against the petitioner are punishable under section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

According to the prosecution, on 13.03.2023 the 1st accused was found in possession of 2 grams of MDMA in a scooter which was purchased from the 2nd accused and thereby the accused committed the offences alleged.

I have heard Sri.A.Arunkumar, the learned counsel for the petitioner and Smt.Sreeja V., the learned Public Prosecutor.

Sri.A.Arunkumar, the learned counsel appearing for the petitioner, submitted that the prosecution allegations are false and there are no materials to connect the petitioner with the crime. It was further submitted that the 1st accused, from whose possession contraband was seized was released on bail by order of this Court dated 05.05.2023 in B.A.No.3154/2023. It was further submitted that the petitioner was arrested on 02.05.2023 and considering the nature of allegations, the petitioner ought to be released on bail.

Smt.Sreeja V., the learned Public Prosecutor opposed the application and submitted that even though the final report has already been filed, considering the nature of allegations, the petitioner ought not to be released on bail.

The 1st accused was released on bail on 05.05.2023 even though he was arrested on 13.03.2023. The 1st accused was found in possession of the contraband. The allegation against the petitioner is that he had sold the scooter to the 1st accused which was used for transporting the contraband.

Even though the allegations against the petitioner are serious in nature, considering the quantity of contraband seized and taking into reckoning the period of detention already undergone, apart from the order granting bail to the 1st accused, I am of the view that the petitioner ought to be released on bail subject to strict conditions.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him 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 court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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