Rahul 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 accused in Crime No. 560/2023 of Sreekrishnapuram Police Station, Palakkad district, for having committed an offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case is that on 30.9.2023, a search was made at the petitioner’s house wherein 27.96 grams of MDMA is alleged to have been seized from a bag kept in the bedroom of the petitioner’s house bearing No. IV/342-C of Vellinezhi Grama Panchayath and, thereby, committed the offence.

The learned counsel appearing for the petitioner would submit that the petitioner is totally innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 30.9.2023, and the continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

Considering the fact that the Chemical Analysis Report states that the contraband involved is 'Methamphetamine' and not 'MDMA', and since 27.96 grams of Methamphetamine is revealed from the report dated 28.11.2023, which is only an intermediate quantity of contraband, and the fact that the petitioner has been in custody from 30.9.2023 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. It is also to be noted that no other criminal antecedents have been reported against the petitioner. I am inclined to grant bail under such circumstances.

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 as and when directed;

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 be involved in any other crime while on bail.

v. 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 from the date of his release on bail.

vi.The petitioner shall furnish his present address along with his mobile phone number to the court concerned as well as to the Investigating Officer.

If any of the conditions are violated, the jurisdictional court concerned will be empowered to take steps for cancellation of bail, as per law.