Salman P.M vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is accused No.3 in Crime No.13/2022 of Excise Range Office, Ernakulam, alleging commission of offences punishable under Sections 22(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution allegation is that, on 15.02.2022, the accused persons were found in possession of 56.005 grams of MDMA at room No.206 of 'Grand Cassa Inn' Hotel at Edappally and thereby committed the above said offences.

4 .The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime and that the petitioner is in custody from 15.02.2022 onwards. It is further submitted that, even though at the initial stage the contraband was alleged to be 56 grams of MDMA, later in chemical analysis it was found that the contraband is methamphetamine. The learned counsel for the petitioner submits that as per the instructions received, the charge has not been framed till date. It is also submitted that the petitioner is entitled for bail on the parameters laid down by this Court in Fasil v. State of Kerala (2023 (3) KHC 212) inasmuch as he has undergone custody for more than one year and that he has no other criminal antecedents and the trial of the case is not yet started. It is further submitted by the petitioner that the 1st accused has already been granted bail by this Court in B. A. No.5097/2023.

The learned Public Prosecutor opposed the application for bail mainly contending that large quantity of the contraband was seized from the possession of the petitioner and further that the petitioner has an active role in the commission of the offence. It is also submitted upon instructions that the petitioner has no other criminal antecedents.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is incustody from 15.02.2022 onwards and also considering the dictum laid down by this Court in Fasil's case(Supra), I am inclined to grant bail to the petitioner subject to 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.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) The petitioner shall appear before the investigating officer in Crime No.13/2022 of Excise Range Office, Ernakulam, on all 2nd Saturdays at 11 am, till the completion of the trial;

(iii) The petitioner shall appear before the trial court on all posting dates, except specifically exempted by the court;

(iv) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.13/2022 of Excise Range Office, Ernakulam,

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

(vi) 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;

(vii) 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.13/2022 of Excise Range Office, Ernakulam, may file an application before the jurisdictional court, for cancellation of bail.