Shameer vs State Of Kerala

Mohammed Nias C.P., J

This application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail.

The petitioner is the accused in Crime No.1151/2023 of Chadayamangalam Police Station, Kollam District, which is registered alleging offences punishable under Sections 22(b), 20(B)11A) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution allegation against the petitioner is that on 10.8.2023 at 16.10 hours near a bridge situated at Vellari, Kaithodu Muri, Nilamel Village, the petitioner/accused was coming in a motorcycle bearing Reg. No.KL-21-V-2621, on the direction, was south to north, was found in possession of Rs.500/-which he illegally gained from the sale of 1.06 gm. MDMA and 75 gm, and thereby, the accused is alleged to have committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 10.08.2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition, stating that four antecedents against the petitioner were registered for the offences punishable under the Indian Penal Code.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and taking into consideration the quantity involved and that he has been detained since 10.08.2023 and also since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

1.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;

2.The petitioner shall report before the Investigating Officer every Saturday between 9 a.m. and 10 a.m. till the final report is laid;

3.The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have passport, he shall execute an affidavit to that effect and file the same before the said court within seven days from the date of his release on bail.

4.The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

5.The petitioner shall not be involved in any other crime while on bail.

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