Sachin Sidharth vs State Of Kerala

Mohammed Nias C.P., J.

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

The petitioner is the 2nd accused in Crime No. 864/2023 of Poonthura Police Station, Thiruvananthapuram District, for having committed offences punishable under Sections 22(b), 20(b)(ii)(A) and 29 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case is that, on 25.07.2023 at 9.30 hrs, 1st accused was found in possession of 28 grams of Ganja and 0.81 grams of MDMA, and the petitioner/2nd accused was found in possession of 20 grams of Ganja and 0.62 grams of MDMA for the purpose of sale near the pond of Irukulangara temple at Manacaud. The accused did the said act in pursuance of the conspiracy and thereby 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 25/07/2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the allegations against the petitioner, the quantity involved, the fact that he has been in custody from 25/07/2023 and 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 as no other criminal antecedents have been reported against him.

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

(i) 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;

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

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iv) The petitioner shall not be involved in any other crime while on bail.

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