Omar Haroon vs State Of Kerala

K.Haripal, J

The third accused in crime No.152/2021 of Kalpakancheri police station in Malappuram district has moved this application under Section 439 of the

Cr.P.C. for his release on bail. The crime is registered alleging offence punishable under Sections 22(b) and 29 of the NDPS Act.

The allegation is that on 28.05.2021, 3.14 gms of MDMA was found from the possession of accused Nos.1 and 2; on interrogation, it came out that

the contraband was supplied to the accused by the petitioner, the 3rd accused. On the basis of the information furnished by accused Nos.1 and 2, he

was also arrayed and was taken into custody on 28.05.2021 and since then is in judicial custody.

I heard the learned counsel for the petitioner and also the learned Public Prosecutor.

The learned Public Prosecutor has submitted that petitioner does not have any criminal antecedents.

Investigation has progressed considerably. The 2nd accused has already been granted bail by this Court by Annexure-A3 order. The

petitioner does not have antecedents to his credit. That means, his further detention is not necessary.

Therefore, the petitioner shall be released on bail on the following conditions:-

i) Petitioner shall execute 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) He shall not try to contact or influence the witnesses or tamper with evidence;

iii) He shall not leave the country without leave of the jurisdictional court;

iv) He shall not involve in any crime during the period on bail;

v) He shall appear before the Investigating Officer/trial court as and when required;

vi) He shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19

pandemic;

vii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail in accordance with law.

This bail application is allowed as above.