Rizwan K.A vs State Of Kerala

Mohammed Nias C.P., J

This application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail.

The petitioner is the fifth accused in Crime No.746 of 2023 of Alathur Police Station, Palakkad District. The offence alleged against the petitioner is under Section 22(C) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution allegation against the petitioner is that on 07.07.2023, on the basis of alleged anonymous information received by the Sub Inspector of Police Alathur, at 11.45 A.M, he intercepted a car allegedly bearing Reg. No. KL-49-C-8724 on the National Highway lying between Alathur and Palakkad. The first to fifth accused allegedly were found inside the car travelling in the above-stated route. It is submitted that allegedly, on search, 14.050 grams of MDMA, a narcotic substance, was recovered from the body of the first accused who was allegedly driving the car. Allegedly, on further search, 31.850 grams of MDMA was recovered from the dashboard of the car, and thereby, the accused alleged to have committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 07.07.2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition stating that the chemical analysis report shows that the contraband is methamphetamine and not MDMA. It is reported that there are no antecedents against the petitioner.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and taking into consideration the chemical analysis report and the fact that there are no antecedents against the petitioner and that he has been detained since 07.07.2023 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.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

1.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;

2.The petitioner shall report before the Investigating Officer every Saturday between 9 a.m. and 10 a.m. till the final report is laid;

3.The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have 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.

4.The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

5.The petitioner shall not be involved in any other crime while on bail.

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