Abdul Jabbar vs State Of Kerala

Mohammed Nias C.P, J.

This is the second application, filed under Section 439 of the Code of Criminal Procedure, seeking regular bail. The petitioner is the second accused in Crime No. 594/2023 of Chavakkad Police Station, Thrissur district, for having committed an offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case is that on 3.8.2023, at approximately 7 pm, during patrolling, the complainant saw a person standing near the Chavakkad Kozhikkulanagara Vaily temple wearing a shoulder bag and during the inspection, the police officers discovered that the accused No.1 was in possession of 49.700 grams of MDMA without the necessary documentation or authority to possess such a substance and thereby, committed the abovesaid offence.

The learned counsel appearing for the petitioner would submit that the petitioner is totally innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 14.10.2023, and the continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

This Court granted the first accused bail as per order dated 8.12.2023 in B.A.No.8790/2023, considering the Chemical Analysis Report dated 7.11.2023 that revealed the contraband involved as 'Methamphetamine'. Considering the fact that the petitioner is similarly placed and that he has been in custody from 14.10.2023 and also, since there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner. It is also to be noted that no other criminal antecedents have been reported against the petitioner. I am inclined to grant bail under such circumstances.

Accordingly, this application is allowed, and the petitioner is granted 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 report before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m. for three months and thereafter as and when directed by the Investigating Officer;

iii.He shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence or do anything that might adversely affect the trial;

iv.He shall not commit any offence while on bail.

v. He shall not leave the State of Kerala without the permission of the Court having jurisdiction;

vi.He shall surrender his Passport, if any, within seven days from the date of release before the Court concerned, and if the release of the Passport is required later, he shall move an appropriate application for the same before the court having jurisdiction. If he has no Passport, he shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter;

vii.The petitioner shall furnish his present address and mobile phone number to the Court concerned and the Investigating Officer;

viii.In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.