Shafeeq P vs State Of Kerala

Mohammed Nias C.P., J.

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

The petitioner is the first accused in Crime No. 5/2023 of Manjeri Excise Range Office, Malappuram District, for having allegedly committed offences punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act.

The allegation is that on 15.02.2023 at 9.00 am in the upstairs of the house bearing building No.V/183 of Manjeri Municipality, the accused was found in possession of 56.588 grams of MDMA 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 15/02/2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition.

The earlier application was rejected by order dated 17/11/2023 in B.A.No.7167/2023, noting the accusation against the petitioner that he was found in possession of 56.588 grams of MDMA. The learned counsel for the petitioner made available a copy of the Chemical Analysis report, which shows that the contraband article involved is Methamphetamine based on the chemical analysis report dated 06/06/2023 of the Kozhikode Regional Chemical Examination Lab. In view of the fact that the contraband involved is Methamphetamine, slightly above the commercial quantity and taking note of the fact that the petitioner has been under custody since 15/02/2023, that there are no other antecedents reported against the first accused, and also since there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, I am inclined to grant bail to the petitioner reckoning the fact that trial of the case will also take time.

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 as and when directed

(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 the 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 his mobile phone number, to the court concerned as well as to the investigating officer.

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