Sumesh vs State Of Kerala

Mohammed Nias C. P. , J.

This is the second application filed under Section 439 of the Code of Criminal Procedure, seeking regular bail. The petitioner is the accused in Crime No.1468/2023 of Kunnamkulam Police Station, Thrissur, for having committed offences punishable under Sections 22(c) & 20(b)ii(A) of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case is that, on 11.10.2023, at about 4.15 P.M., the detecting officer seized 11.2 grams of MDMA and 270 grams of Ganja from the residence of the petitioner. Thereby, the petitioner herein is alleged to have committed the above offences.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 11.10.2023, and the continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposes the prayer sought by the petitioner. The learned Prosecutor submits that the Chemical Analysis Report dated 23.01.2024 is received, which shows that the contraband is Methamphetamine and not MDMA.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the fact that only an intermediate quantity of contraband is involved, which is clear from the chemical analysis report, that the petitioner has been in custody since 11.10.2023 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. It is also to be noted that there are no antecedents reported against the petitioner under the NDPS Act though there are antecedents under the IPC.

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

i. 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;

ii. The petitioner shall report before the Investigating Officer as and when directed to appear;

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

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

v. The petitioner shall surrender his Passport before the jurisdictional court. If the petitioner does not have a 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.

vi. The petitioner shall furnish his present address along with mobile phone number to the court concerned as well as to the Investigating Officer.

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