Shafeeq 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 1st accused in Crime No. 712 of 2023 of Parappanangadi Police Station, Malappuram District, for having committed an offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act.

The allegation against the petitioner is that on 08.07.2023 at about 0.45 hours, the petitioner was found in possession of 7 grams of MDMA near the Kootumoochi Beverage outlet. Thus, the petitioner committed the above-said offence.

The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the accused is in custody from 08.07.2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition.

After considering the rival submissions and taking into account the fact that only an intermediate quantity of contraband is involved, that the petitioner has been in custody from 08.07.2023, also since there is no apprehension raised by the prosecution that if he is released on bail, the petitioner is likely to abscond, I am inclined to grant bail to the petitioner. Accordingly, this application is allowed 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 filed;

(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) The petitioner shall surrender his passport, if any, within seven days from the date of his release before the Court concerned, and if the release of the passport is required at a later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter.

(vi) The petitioner shall furnish his present address along with the mobile phone number to the court concerned as well as to the Investigating Officer.

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