Rithul Roshan vs State Of Kerala

The applicant is the 2nd accused in Crime No.2 of 2021 of Balussery Excise Range, Kozhikode, for having allegedly committed offences punishable under Sections 22(b) of the Narcotic Drugs & Psychotropic Substances Act, 1985 ( for short the "NDPS Act"). The prosecution case, in brief, is this:

On 07.02.2021, the applicant and the 1st accused were apprehended under suspicious circumstances. During a routine inspection by the Excise party, on searching their body, 3.371 grams of MDMA was recovered from the applicant, while 4.645 grams of MDMA was recovered from the 1st accused. They were arrested and remanded to judicial custody. The applicant states that he is innocent and the allegations are not true and that he was suffering from mental ailment and was undergoing treatment under Iqra Hospital in Kozhikode. The case has been falsely foisted against him. He has no criminal antecedents and he has been in custody for more than 52 days now. And, therefore, seeks bail.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor admits that the applicant has no criminal antecedents. Considering the fact that the applicant and the 1st accused were only in possession of intermediary quantity of MDMA, the rigour under Section 37 of the NDPS Act is not attracted. And, moreover, the applicant has no criminal antecedents. Therefore, the applicant is entitled to be released on bail.

In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.1,00,000/-(Rupees One lakh only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:

(i) He shall appear before the Investigating Officer on all Saturdays between 9.00 AM and 12.00 PM for a period of two months or till filing of the final report whichever is earlier.

(ii) He shall not intimidate or influence witnesses and tamper with evidence.

(iii) He shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail application is allowed.