Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 CRIME NO.547/2023 OF MATHILAKAM POLICE STATION, THRISSUR DISTRICT PETITIONER/ACCUSED: LEVIN AGED 22 YEARS S/O SURESH, ERAYIL HOUSE, PANANGAD VILLAGE, BY ADV BINU PAUL RESPONDENT/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 INSPECTOR POLICE, MATHILAKAM POLICE STATION, BY ADV ADV.SEETHA S. - SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
The petitioner is the 1st accused in Crime No.547/2023 of Mathilakam Police Station, Thrissur which was registered for the offences punishable under Section 22(b) of NDPS Act.
2. The prosecution case is that on 14.06.2023 at about 4.30
p.m., the petitioner was found in possession of 8 grams of MDMA kept in the pocket of the jeans pants worn by the petitioner. The crime was registered in such circumstances and the petitioner was arrested on the same day. Since then he has been under judicial detention. This application for regular bail is submitted in such circumstances.
3. Heard Sri.Binu Paul, learned counsel for the petitioner and Smt.Seetha S., learned Public Prosecutor for the State.
4. I have gone through the records. It is true that, there allegations against the petitioner and he was found in possession of
the contraband articles. However, the quantity involved is not commercial and therefore, the rigour under Section 37 of the NDPS would not come into play. No criminal antecedents of the petitioner were also brought to my notice. The petitioner has been under judicial custody since 14.06.2023 and there is substantial progress
in the investigation. In such circumstances, I do not find any necessity of further incarceration of the petitioner. Accordingly, this application is allowed and the petitioner is directed to be released on bail subject to the following conditions: i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall fully co-operate with the investigation. iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report. iv) The petitioner shall appear before the Investigating Officer as and when required. v) The petitioner shall not commit any offence of similar nature while on bail. vi) The petitioner shall not make any attempt to contact any
of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. vii) The petitioner shall not leave India without the permission of the jurisdictional court. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law. Sd/- ZIYAD RAHMAN A.A. JUDGE scs