Shanoop vs State Of Kerala

A. Badharudeen, J

This is an application for regular bail filed by the petitioner, who is the sole accused in Crime No.44 of 2023 of Ottapalam Police Station, Palakkad, under Section 439 of the Code of Criminal Procedure, where the prosecution alleges commission of offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the case diary and report of the Investigating Officer placed by the learned Public Prosecutor.

The prosecution allegation  is that at about 21 hours on 13.01.2023, the accused was found in possession of 1.400 grams of MDMA behind Ottappalam Bus stand and he was nabbed red-handedly.

The learned counsel for the petitioner pressed for grant of bail pointing out the custody of the petitioner from 13.01.2023 onwards and progress of the investigation. It is also pointed out that the petitioner has no criminal antecedents and, therefore, he may be released on bail.

The learned Public Prosecutor opposed grant of bail highlighting the seriousness of the offence alleged to be committed by the petitioner. But the learned Public Prosecutor also conceded that the petitioner has no criminal antecedents.

The prosecution case herein is that the petitioner herein possessed intermediate quantity of MDMA. The petitioner has been in custody from 13.01.2023 onwards and the investigation has achieved much progress. Having considered the above aspects, the petitioner, who has no criminal antecedents, can be released on bail by imposing stringent conditions and one among such conditions is that the petitioner/accused shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same alone shall be a reason to cancel the bail hereby granted.

Accordingly, the petition stands allowed and the petitioner can be released on bail on the following conditions:

i. Accused/petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court concerned.

ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of two months and also appear before the Investigating Officer as and when directed.

iii. Accused/petitioner shall not leave India without prior permission of the jurisdictional court.

iv. The petitioner shall surrender his passport, if any, within 7 days from the date of their release, before the trial court. If he has no passports, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

v. Accused/petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same alone shall be a reason to cancel the bail hereby granted.