Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945 BAIL APPL. NO. 3005 OF 2023 PETITIONER/S: AKHIL AGED 22 YEARS S/O MURALEEDHARAN, AKHIL BHAVANAM, AYIKUNNAM, SOORANAD SOUTH, KOLLAM-, PIN - 690522 BY ADV M.R.SASITH RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: PP-SMT SEETHA S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.G. AJITHKUMAR, J.
…................................ B.A.No. 3005 of 2023 ….......................................................... Dated this the 25th day of April, 2023
ORDER
This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.
2. The petitioner is the 1st accused in Crime
No.341/2023 of Karunagappally Police Station Kollam District. He allegedly had committed the offences punishable under Sections 22(b), 20(b)(ii)A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The prosecution allegation is that on 07.03.2023 at about 09:10 a.m., the petitioner was found in possession of 5.65 grams of MDMA kept in two plastic covers. His companion who is accused No.2 was also found in possession of 2.5 grams of MDMA and 14.90 grams of ganja.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The petitioner would contend that he did not involve in the alleged crime and without any material or evidence, he has been implicated in the crime. He is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for his further detention.
6. The learned Public Prosecutor would submit that
considering the seriousness of the offence and the possibility of interfering with the investigation by the petitioner in the event of his release on bail, this petition deserve only to be dismissed.
7. The petitioner is aged 22 years. The learned Public Prosecutor would submit that the petitioner is not
involved in any other crime. Contraband were seized from the petitioner and accused No.2 when they were found together. It is further submits that by such arrest and seizure major part of the process of investigation is over. Since the petitioner and the 2nd accused were found together and both were in possession of the contraband, they would be answerable for the whole quantity.
8. Having heard the learned counsel appearing for
the petitioner and the learned Public Prosecutor, considering the age of the petitioner and the quantity of the contraband involved as also other circumstances of the case, I am therefore of the view that the petitioner can be released on bail with stringent conditions. In the result, the bail application is allowed and the petitioner is granted bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:
(i) He shall not influence or intimidate witnesses or tamper with evidence;
(ii) He shall appear before the investigating officer as and when called for; and
(iii) During the bail period, he shall not get involved in any offence.
(iv) The petitioner shall not leave the local limits of the Sessions Court, Kollam without obtaining permission from the jurisdictional court.
(v) The petitioner shall surrender his passport
before the jurisdictional court. If the petitioner do not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail. In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court. Sd/- P.G. AJITHKUMAR, JUDGE Dxy