Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945 (CRIME NO.1113/2023 OF SASTHAMCOTTA POLICE STATION) PETITIONER/ACCUSED NOS. 1 AND 2: 1 AMJITH .K.N AGED 19 YEARS S/O NISTHAR,KIZHAKKUM MURIYIL, HIDAYATH NAGAR, CHANGANASSERY.P.O,KOTTAYAM PIN, PIN - 686101 2 RIYAN NIYAS AGED 18 YEARS S/O NIYAS, MUTTEL PORAYIDOM,VETTITHURUTH, CHANGANASSERY.P.O, KOTTAYAM, PIN - 686101 BY ADV R.KISHORE (KALLUMTHAZHAM) RESPONDENTS/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER SASTHAMCOTTA POLICE STATION, SASTHAMCOTTA-, PIN - 690521 OTHER PRESENT: SMT.V.SREEJA-SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
2. The petitioners are the accused Nos. 1 and 2 in Crime No.1113/2023 of Sasthamcotta Police Station, Kollam District, which was registered for the offences punishable under Sections 8, 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The prosecution case is that, on 13.07.2023 at about
03.00 a.m., the petitioners were found in possession of 7.2 grams of MDMA. The petitioners were arrested on the same day, and the contraband articles were seized. Since then, they have been in judicial custody. This application for regular bail is submitted in such circumstances.
4. Heard Sri. R. Kishore, the learned Counsel for the petitioners and Smt. Sreeja V, the learned Senior Public Prosecutor for the state.
5. I have carefully gone through the records. It is true
that the contraband articles were recovered from the possession of the petitioners. However, no criminal antecedents of the petitioners were brought to my notice. The fact remains that the petitioners have been in custody since 13.07.2023, and more than 40 days have elapsed. There is substantial progress in the investigation. The petitioners are young as the 1 st petitioner is 19 years old and the 2 nd petitioner is 18 years old.
In such circumstances I am of the view that, further incarceration of the petitioners is not necessary. Therefore, the petitioners can be released on bail by imposing appropriate conditions to ensure that the petitioners are not contacting or intimidating any witnesses. Accordingly, this application is allowed on the following conditions:-
1) The petitioners shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only), each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Magistrate.
2) The petitioners shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Saturday until the filing of the final report. 3) The petitioners shall also appear before the investigating officer as and when required by him. 4) The petitioners shall not commit any offence of similar nature while on bail. 5) The petitioners shall not make any attempt to
contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. 7) The petitioners shall not leave India without the permission of the trial Court. In case of violation of any of the above conditions, the jurisdictional Magistrate 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 LU APPENDIX OF BAIL APPL. 7201/2023 PETITIONER ANNEXURES : Annexure A1 THE TRUE COPY OF THE FIR NUMBERED AS Annexure A2 THE TRUE COPY OF THE BAIL APPLICATION FILED BEFORE THE PRINCIPAL SESSIONS COURT IN CRL.M.C.NO.1722/2023 WHICH WAS DISMISSED ON 11TH AUGUST 2023 // True Copy // PA To Judge