Sajil vs State Of Kerala

Dr. Kauser Edappagath, J

This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The applicants are the accused Nos.2 and 3 in Crime No.383/2023 of Pandikkad Police Station. The offences alleged are punishable under Sections 22(b) and 29 of the

The prosecution case, in short, is that on 29.05.2023 at 10.55 p.m, accused No.1 was found in possession of 7.61 grams of MDMA, for the purpose of sale, which was purchased from accused No.2 and financed by accused No.3. The accused thereby committed the aforesaid offences.

I have heard Sri.P.C. Muhammed Noushiq, the learned counsel for the applicants and Smt.T.V. Neema, the learned Senior Public Prosecutor. Perused the case diary.

The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage.

Accused No.2 was arrested on 13.10.2023 and accused No.3 was arrested on 14.10.2023 and since then, they are under judicial custody. The recovery has already been effected. No criminal antecedents are reported against the applicants. It is submitted that accused No.1 had already been granted bail.

For all these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicants shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The  applicants  shall  fully  co-operate  with  the investigation.

(iii) The applicants shall appear before the investigating officer between 10.00 a.m and 11.00 a.m every Saturday until further orders. They shall also appear before the investigating officer as and when required.

(iv) The applicants shall not commit any offence of a like nature while on bail.

(v) The applicants shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.