Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945 CRIME NO.149/2023 OF KONDOTTY POLICE STATION, MALAPPURAM PETITIONERS/ACCUSED NOS.1 AND 2: 1 FAYIS P AGED 28 YEARS S/O. MOOSA P, KUNDUKANDEM HOUSE, NEDIYIRIPPU COLONY ROAD, KONDOTTY POST, MALAPPURAM DISTRICT, PIN - 673638 2 MUHAMMED ARSHAD NABEEL M.P. AGED 25 YEARS S/O. ABDUL AZEES, CHALAKKANDI HOUSE, COLONY ROAD, NEDIYIRUPPU, KONDOTTY, MALAPPURAM DISTRICT, PIN - 673638 BY ADV. E.C.AHAMED FAZIL RESPONDENTS/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER, KONDOTTY KONDOTTY POLICE STATION, MALAPPURAM DISTRICT, PIN - 673638 BY ADV. T.V. NEEMA, SR. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 31st day of March, 2023 Accused Nos. 1 and 2 in crime No.149/2023 of Kondotty police station, Malappuram, seek the relief of regular bail, in this petition, filed under Section 439 of the Code of Criminal Procedure.
2. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
3. I have perused the relevant documents form part of the case diary, placed by the learned Public Prosecutor.
4. The prosecution case is that at about 1.15 hours
on 05.02.2023, the Sub Inspector of Police, Kondotty, found 2.16 kg. of Ganja and 5.7 gms. of MDMA in the joint possession of the petitioners, the said contraband was seized and the petitioners were arrested. As a sequel to the recovery and arrest, crime alleging commission of offences punishable under Sections 20(b) (ii) B, 22(b), and 29(1) of the NDPS Act was registered.
5. The learned counsel for the petitioners
submitted that the petitioners are first time offenders and they are innocent. It is also pointed out that they are in custody for the last 56 days and the investigation has achieved much progress. Therefore, the petitioners may be released on bail.
6. The learned Public Prosecutor also pointed out
that the petitioners are first time offenders. However, grant of bail is opposed, highlighting the seriousness of the offences alleged to be committed by the petitioners.
7. Having gone through the relevant documents, it
appears that the investigation has achieved much progress. Therefore, the petitioners’ custody for the purpose of further investigation is not required. Therefore, the petitioners, who are first time offenders, can be released on bail, by imposing conditions. In the result, this petition stands allowed. The petitioners are enlarged on bail on conditions:
i. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Special court concerned. ii. The petitioners shall not intimidate the witnesses or tamper with evidence. They shall co-operate with the investigation and shall be available for trial. iii. The petitioners shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Mondays between 9 am and 10 am, for a period of two months. iv. The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted
with the facts of this case, so as to
dissuade him from disclosing such facts
to the court or to any police officer. v. The petitioners shall surrender their passport before the Special Court on the date of execution of the bail bond or within ten days therefrom, with special permission of the Special Court. If the petitioners have no passport, they shall file an affidavit to that effect, instead of surrendering passport, within the stipulated time. vi. The petitioners shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.
Sd/- A. BADHARUDEEN JUDGE NB/31-3 APPENDIX OF BAIL APPL. 2467/2023 PETITIONERS’ ANNEXURE: ANNEXURE A1 TRUE COPY OF COMMON ORDER DATED 02.03.2023 IN CRL.M.P. NO. 450 OF 2023 AND CRL.M.P. NO. 380 OF 2023 PASSED BY THE SPECIAL COURT FOR NDPS ACT CASES, MANJERI RESPONDENTS’ ANNEXURE: NIL TRUE COPY P.A. TO JUDGE