Soorya Narayanan S.S vs State Of Kerala

P.V.Kunhikrishnan, J

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

Petitioner is the accused in Crime No.46/2022 of Excise Range, Thiruvananthapuram. The offences alleged against the petitioner are under Sections 22(C) 20(b)(ii)(A) of NDPS Act, 1985.

The prosecution case is that the petitioner was found in possession of 16.835 grams of MDMA and 215 gms of Ganja from the bed room of the building bearing No.KVR/214A of Arya Residency and the contraband was kept in the Almirah.

Heard the learned Counsel for the petitioner and the learned Public Prosecutor. Learned Counsel for the petitioner submitted that petitioner is in custody from 03.11.2022 onwards.Learned Counsel also submitted that after analysis, the contraband is not MDMA, but it is methaphetamine and in intermediate quantity. Learned Counsel further submitted that petitioner has no criminal antecedents and he is willing to abide by any conditions that may be imposed by this Court. Learned Public Prosecutor submitted that the seized article is methaphetamine. It was also submitted that there are no criminal antecedents alleged against the petitioner.

Petitioner is custody from 03.11.2022. The article seized from the petitioner is methaphetamine and it is in intermediate quantity.

Considering the facts and circumstances of the case, I think this bail application can be allowed on stringent conditions.

Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram. P v Directorate of Enforcement (2019 (16) SCALE 870), after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial.

Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions:

1) 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 appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

3) Petitioner shall not leave India without permission of the jurisdictional Court.

4) Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

5) If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court.