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Judgment
12 paragraphs · 387 wordsViju Abraham, J.
This is an application for regular bail.
Petitioner is the 1st accused in Crime No.1177 of 2022 of Thodupuzha Police Station registered alleging commission of offences punishable under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act.
Prosecution allegation is that, the accused, in pursuant to a conspiracy to sell narcotic drugs, stayed in a hotel near Thodupuzha. On the basis of specific intelligence input the investigating officer and team intercepted the accused and recovered 6.6 grams of MDMA from the 1st accused's wallet during body search and thus the accused have committed the abovesaid offences.
Petitioner submits that he was arrested on 22.08.2022 and is in custody since then and that he has no other criminal antecedents. The learned counsel for the petitioner submitted that the 2nd accused is already granted bail by this Court in B. A. No.7569/2022.
Learned Public Prosecutor seriously opposed the application for bail mainly contending that 06.6 grams of MDMA and Rs.810/- were seized from the possession of the 1st accused but upon instructions submitted that the petitioner has no other criminal antecedents.
Considering the facts and circumstances of the case and taking into consideration the fact that petitioner is in custody from 22.08.2022 onwards, and that the petitioner is a first time offender, I am inclined to grant bail to the petitioner. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail subject to the following conditions:
(i )The petitioner shall execute 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. One of the sureties shall be either the parent or a close relative.
(ii) He shall appear before the investigating officer in Crime No.1177 of 2022 of Thodupuzha Police Station on all Saturdays at 11.00 a.m. until filing of final report.
(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.
(iv) He shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.1177 of 2022 of Thodupuzha Police Station may file an application before the jurisdictional court, for cancellation of bail.