Rahul vs State Of Kerala

Mohammed Nias C.P., J

The petitioner is the 2nd accused in Crime No. 547/2023 of Mathilakam Police Station for having committed offences punishable under Sections 22(b) and 29 of the NDPS Act.

The allegation against the petitioner is that the petitioner acted as an intermediary for the purchase of MDMA, which the 1st accused was found to have been in possession for the purpose of sale at about 4.30 p.m., on 14/06/2023, at the place called Pathazhakkad. It is stated that 8 grams of MDMA was seized upon the body search of the 1st accused consequent to the information received by the SHO of Mathilakam Police Station about the arrangements being made by the above accused for the sale of MDMA to his customers and thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 01/07/2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and pointed out that the petitioner is not entitled to bail.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the offfences committed by the petitioner and the fact that he has been in custody from 01/07/2023 and also since 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 be released on bail on 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 jurisdictional Court;

(ii) The petitioner shall report before the Investigating Officer every Saturday between 9 a.m. and 10 a.m. till the final report is laid;

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iv) The petitioner shall not involve in any other crime while on bail.

(v) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;