Richu Rahman vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is accused No.1 in Crime No.13/2022 of Ernakulam Excise Range Office, alleging commission of offences punishable under Sections 22(c), 25 & 29 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution allegation is that, on 15.02.2022, the petitioner along with other accused were found in possession of 56.005 grams of MDMA, at room No.206 of “Grand Cassa Inn” Hotel at Edappally and thereby committed the above said offences.

4 .The learned counsel for the petitioner submitted that he is in custody from 15.02.2022 onwards and that he has no other criminal antecedents. The petitioner submits that in fact only 25.676 grams of contraband was seized from the room where petitioner was present and the balance quantity of contraband was seized from a car parked outside the flat, from which 32.381 grams of contraband was seized. It is further submitted that in the chemical analysis report, the alleged contraband was found to be methamphetamine and the commercial quantity of which is 50 grams. Even though the petitioner moved this Court earlier, by Annexure A2 judgment, the bail application was dismissed on finding that, the petitioner was involved in a similar crime abroad and on getting relaxation from the sentence, he was released from the Dubai jail, after two years. The petitioner further submits that he has serious health issues and he is under treatment for the same. On the specific assertion of the petitioner in this regard, this Court has called for a report from the Superintendent of Central Prison & Correctional Home, Viyyur, Thrissur, wherein it was reported that the petitioner is having Psychiatric illness and history of upper gastrointestinal bleeding for which he was on treatment. It is also reported that on 12.07.2023, he had abdominal pain, vomiting of blood and weakness and thereafter he was referred to surgical department of Medical College and that he is presently undergoing treatment at Medical College Hospital, Thrissur. The petitioner submits that taking into consideration his long custody from 15.02.2022 onwards and his serious health condition, he may be granted bail.

Heard the learned Public Prosecutor also.

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 15.02.2022 onwards and that the petitioner has serious health issues, 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 petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) 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.13/2022 of Ernakulam Excise Range Office on every 1st and 4th Saturdays at 11 am, for a period of 3 months and on every 2nd Saturday thereafter, till completion of the trial;

(iii) The petitioner shall appear before the trial Court on all posting dates without fail, except specifically exempted by the court.

(iv) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.13/2022 of Ernakulam Excise Range Office;

(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 of release on bail;

(vi) 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.13/2022 of Ernakulam Excise Range Office may file an application before the jurisdictional court, for cancellation of bail.