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Shajahan vs State Of Kerala

High Court Of Kerala · Decided on 10 June 2022 · Citation: (2022) 06 KL CK 0113

HON’BLE JUDGES
Viju Abraham, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances, Act, 1985 — Section 22(b)
RESULT
Dismissed
CASE NUMBER
Bail Application No. 4274 OF 2022
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Judgment

13 paragraphs · 365 words

Viju Abraham, J

1.

This is an application for regular bail.

2.

The petitioners are accused Nos.2 & 3 in Crime No.396/2022 of Thrissur West Police Station. The offence alleged against petitioners are under Section 22(b) of the Narcotic Drugs and Psychotropic Substances(NDPS) Act, 1985

3.

The prosecution allegation is that, on 14.04.2022 at 7.15 pm, the police party detected that the accused in the case who are 3 in number transported 4.30 grams of MDMA in car bearing Reg.No.KL-08-AQ-4231.

4 .The learned counsel for the petitioners submitted that the petitioners were arrested on 14.04.2022 and that he is continuing in custody. It is also submitted that the petitioners were falsely implicated in the case.

5.

I have heard the learned Public Prosecutor also.

6.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioners are first time offenders and are in custody from 14.04.2022 onwards, I am inclined to grant bail to the petitioners subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:

(i) The petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties each, for the like-sum to the satisfaction of the jurisdictional court;

(ii)Petitioners shall appear before the investigating officer in Crime No.396/2022 of Thrissur West Police Station on every Saturday at 11 am, until filing of final report;

(iii)The petitioners shall surrender their passport before the jurisdictional court. If the petitioners do not have a passport, they shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(iv) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No. 396/2022 of Thrissur West Police Station;

(v) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.396/2022 of Thrissur West Police Station may file an application before the jurisdictional court, for cancellation of bail.