Razik Puvungal vs State Of Kerala

Mohammed Nias C.P., J

These bail applications are filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail by the petitioners who are accused Nos.4 and 5, respectively, in crime No.837/2023 of Areekode police station, registered for offences punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

The prosecution allegation is that, on 23.7.2023 at 7.25 p.m., at Meenchira in Kavanoor amsom, accused 1 to 3 were found possessing 46.5 grams of MDMA for sale which was purchased from accused 4 and 5, the petitioners herein. The accused 1 and 2 were arrested, and the 3rd accused ran away. On investigation it was revealed that the contraband article was provided to accused 1 to 3 by accused 4 and 5 and one Basheer is the source of the same. The petitioner in BA 7967/2023 (A4) was arrested on 25.7.2023 and the petitioner in BA 9531/2023 (A5) was arrested on 23.7.2023 and have been remanded to judicial custody since then.

The learned Senior Public Prosecutor opposed the bail applications. She has made available a copy of the chemical analysis report for perusal.

I have heard the learned counsel on both sides and perused the chemical analysis report.

Considering the fact that the chemical analysis report shows that the contraband involved is methamphetamine of intermediate quantity and resultantly the rigour of S.37 not applying, that the petitioners were in judicial custody since 23.7.2023, no antecedents are reported against them, and the prosecution raised no apprehension that they will abscond if released on bail, I am inclined to grant bail.

Accordingly, the bail applications are allowed, and the petitioners shall be released on bail, subject to the following conditions:-

i. The petitioners shall be released on bail on executing a separate bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

ii. The petitioners shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m. for three months and thereafter as and when directed by the Investigating Officer;

iii.They shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence or do anything that might adversely affect the trial;

iv. They shall not commit any offence while on bail.

v. They shall not leave the State of Kerala without the permission of the Court having jurisdiction;

vi. They shall surrender their passports, if any, within seven days from the date of their release before the Court concerned and if the release of the passport is required  at  a  later  period,  the  petitioners  shall  be  at  liberty  to  move appropriate application for the same before the court having jurisdiction. If they have no passport, they shall file affidavits to that effect before the court concerned, on the date of execution of the bond or within three days thereafter;

vii.The petitioners shall furnish their present address and mobile phone number to the Court concerned and the Investigating Officer;

viii.In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.