Subin vs State Of Kerala

Mohammed Nias C.P., J

The petitioner is the first accused in Crime No.500/2023 of Malampuzha police station for having committed offences punishable under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act).

The allegation against the petitioner/first accused is that, on 13.07.2023 while the petitioner and other accused were travelling in a car from Coimbatore to Thrissur and reached Malampuzha at 5 p.m, SHO Malampuzha checked the vehicle, 3.90 grams of MDMA was recovered from the vehicle. The petitioner and the other accused were arrested on the same day and the crime was registered.

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 is in custody from 13.07.2023 and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition and points out that the petitioner is not entitled to bail.

After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and considering the nature of the offfences committed by the petitioner and the fact that he is in custody from 13.07.2023 and since there is no apprehension raised by the prosecution that if he released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner. It is also to be noted that no other criminal antecedents have been reported against 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 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 on every Saturday between 9 a.m and 10 a.m till final report is laid;

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

4.The petitioner shall not involve in any other crime while on bail.

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