Vishnu @Appu vs State Of Kerala

Mohammed Nias C.P, J

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

The petitioner is the 4th accused in Crime No. 607/2023 of Perinthalmanna Police Station, Malappuram district for having committed offences punishable under Sections 22(c) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act (for short, the Act).

The allegation against the petitioner and other accused is that, on 17.04.2023 at 6:40 P.M at Manathumangalam Junction, accused 1 to 4 were found in possession of 20 grams of MDMA in the room of a lodge kept for sale and thereby the accused persons committed the offences.

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 the petitioner is in custody from 17.04.2023 and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition. The learned Public Prosecutor makes available the Chemical Analysis report dated 11.09.2023 for perusal, which shows that the contraband seized is Methamphetamine and not MDMA.

After considering the rival submissions and also taking into account the chemical analysis report stating that the contraband involved is only intermediate quantity and it is 'Methamphetamine' and also the fact that the petitioner has been in custody since 17.04.2023, no other criminal antecedents are reported against the petitioner under the Act and also since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I am inclined to grant bail 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 not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

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

5.The petitioner shall surrender his passport, if any, within seven days from the date of his release before the Court concerned, and if the release of the passport is required at a later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter.

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

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