Salim V.A vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 2nd accused in Crime No.589 of 2022 of Melparamba Police Station, Kasargod registered alleging commission of offence punishable under Section 22(b) of NDPS Act.

The prosecution case is that, on 17/10/2022 at 11.30 pm, while the police party was on motor vehicle inspection duty, petitioner was found in possession of 4.80 grams of MDMA from a motor bike bearing Reg.No.KL-14-Y-7422 at National Highway, Chattanchal and thereby committed the above said offence.

The petitioner submits that he is in custody from 18.10.2022 onwards, and that the investigation is practically over and further detention of the petitioner is not required for the purpose of investigation.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

Learned Public Prosecutor seriously opposed the application for bail mainly contending that large quantity of synthetic drug was found in possession of the petitioner and further submitted that the petitioner is involved in another NDPS case registered as Crime No.512 of 2022 of Melparamba Police Station, Kasaragod.

Considering the facts and circumstances of the case and the nature of the allegation, and that the petitioner is in custody from 18.10.2022 onwards, I am inclined to grant bail to the petitioner, but taking note of the serious antecedents of the petitioner only on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following 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.589 of 2022 of Melparamba Police Station on every Saturday at 11 am, until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime;

(iv) The  petitioner  shall  not  leave  the State of Kerala without obtaining the previous permission of the jurisdictional court;

(v) The  Petitioner  shall  surrender  his passport before the jurisdictional court. Ifthe  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;

(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.589 of 2022 of Melparamba Police Station may file an application before the jurisdictional court, for cancellation of bail.