Anurag vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

The petitioner is the sole accused in Crime No.635/2022 of Kollengode Police Station alleging commission of offence punishable under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution allegation is that, on 23.10.2022 at 21.30 hours, at a place called Mozhappara, Elevancherry, the accused was found in possession of 3.99 grams of MDMA, intended for sale and thereby committed the aforesaid offence.

4 .The learned counsel for the petitioner submitted that the petitioner was initially arrested on 23.10.2022 and that as per order dated 09.11.2022, he was granted interim bail by this Court, to appear for the fifth semester B. Com examination, with a specific direction that the petitioner shall surrender back on 23.11.2022. It is submitted that the petitioner has already complied with the said direction.

The learned Public Prosecutor opposed the bail application mainly contending that large quantity of synthetic drug was seized from the possession of the petitioner. It is further submitted that the petitioner has no other criminal antecedents.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is a first time offender and he is a student, I am inclined to take a lenient view and grant bail to him, subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.635/2022 of Kollengode Police Station on every Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.635/2022 of Kollengode Police Station;

(iv) The petitioner shall not leave the State, without obtaining prior permission from the jurisdictional court;

(v) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does 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;

(vi) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.635/2022 of Kollengode Police Station may file an application before the jurisdictional court, for cancellation of bail.