Rahul vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

The petitioner is the accused in Crime No.552/2022 of Njarakkal Police Station, alleging commission of offences punishable under Sections 22 of the NDPS Act,1985. Later the investigating officer has added Sections 22(a), 25, 27A and 29 of the NDPS Act, 1985.

The prosecution allegation is that, the petitioner is arrayed as the 1st accused in Crime No.552/2022 of Njarakkal Police Station and he was found in possession of 30 milli grams of MDMA.

The learned counsel for the petitioner contended that the petitioner is falsely implicated in the said crime and he was arrested on 29.04.2022, and is in custody since then. The petitioner earlier approached the Sessions Court, Ernakulam seeking bail and the same was dismissed as per Anx.A3-Order.

The learned Public Prosecutor opposed the application for bail since the crime is only at the investigation stage and further submitted that, the petitioner is involved in another NDPS offence as Crime No.53/2018 of Njarakkal Police Station.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 29.04.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only)each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.552/2022 of Njarakkal Police Station, on every Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.552/2022 of Njarakkal Police Station,;

(iv) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner do not have a passport, they shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(v) The petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.552/2022 of Njarakkal Police Station, may file an application before the jurisdictional court, for cancellation of bail.