Roshan Vargheese vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

The petitioner is the 2nd accused in Crime No.648/2022 of Cherthala Police Station, Alappuzha alleging commission of offences punishable under Section 22(c) r/w Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution allegation is that, on 30.08.2022, the petitioner and the 1st accused, a red bag was found in possession of 34.450 grams of MDMA was seized. While questioning, the accused confessed that they had brought the contraband for sale and thereby committed the aforesaid offences.

The learned counsel for the petitioner submitted that the petitioner is totally innocent of the charges levelled against him and the specific case is that the contraband seized from his possession is not MDMA but only Methamphetamine.

The learned Public Prosecutor upon instructions and on the basis of the Chemical Analysis report from the Regional Forensic Science Laboratory, Kochi, submitted that the contraband was found to be Methamphetamine and not MDMA. Therefore the contraband involved is only an intermediate quantity. It is further submitted that final report is not yet laid therefore the petitioner is entitled for statutory bail. The learned Public Prosecutor upon instructions submitted that the petitioner is involved in 18 other crimes of serious nature and that the proceeding for initiating KAAPA is also pending against the petitioner.

Having regard to the facts and circumstances of the case and taking into consideration the fact that the contraband involved is only intermediate quantity and also that the final report is not laid as on date, I am of the view that the petitioner is entitled for statutory bail and I am inclined to grant bail to the petitioner. But taking note of the antecedents of the petitioner the same shall only be on the following stringent conditions:

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand 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.648/2022 of Cherthala Police Station, Alappuzha on every Saturday at 11 am till the completion of trial;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.648/2022 of Cherthala Police Station, Alappuzha ;

(iv) 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 ;

(v) The petitioner shall not leave the State of Kerala without obtaining prior permission from the jurisdictional Court;

(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.648/2022 of Cherthala Police Station, Alappuzha may file an application before the jurisdictional court, for cancellation of bail.