Bilal Muhammad vs State Of Kerala

M.B.Snehalatha, J

This is an application for regular bail filed under Section 483 of the Bharathiya Nagarik Suraksha Sanhita, 2023 by the 4th accused involved in Crime No.1090/2024 of Kottiyam Police Station. The offences alleged against the petitioner are under Sections 22(b), 20(b)(ii)A, and 29 of Narcotic Drugs and Psychotropic Substances Act.

Prosecution case is that on 16.10.2024 at 11 P.M, the 1st accused was found in possession of 1.510 gram of MDMA, and the 2nd accused was found in possession of 2.86 grams of MDMA at the house named Faisal Villa near HMC Colony in Kollam District. As per the prosecution case, it was accused Nos.4 and 5 who procured the MDMA for sale and handed over to Accused Nos.1 and 2. It is further alleged by the prosecution that the accused Nos.1 and 3 were also found in possession of 2.12 grams of dried ganja and thereby the accused committed the above said offences.

The petitioner/4th accused was arrested on 16.10.2024 and he continues to be in custody since then.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner contended that the petitioner/4th accused is innocent; that he was falsely implicated in the above crime. It is further submitted that the petitioner/ 4th accused is ready to comply with any condition that may be imposed by this Court and he may be released on bail.

The learned Public Prosecutor opposed the application for bail stating that the offences registered against the accused are grave in nature.

The petitioner/ 4th accused is in judicial custody from 17.10.2024 onwards. He is in judicial custody for the last more than 60 days. Admittedly, final report has not been filed so far. In a catena of decisions, the Hon’ble Apex Court has held that statutory bail is an in-defeasible right of an accused.

In Vikramjit Singh v. State of Panjab, [2006(12)SCC 306] the Hon’ble Apex Court held that an accused gets an in-defeasible right to default bail, if he makes an application, after a maximum period of investigation of an offence is over and before a charge sheet is filed. The Hon’ble Apex Court has also held that it is a fundamental right granted to an accused person to be released on bail once the conditions of the first proviso to Section 167(2) are filled up. Therefore, the accused is granted bail and the accused is entitled to get statutory bail.

In the result, this application for bail is allowed on the following conditions:

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

(2). The applicant shall appear before the investigating officer on every Saturday in between 10 AM and 12 noon for a period of three months or till final report is filed whichever is earlier.

(3). The applicant shall not influence or intimidate the prosecution witnesses.

(4). The applicant shall not involve in any offence while on bail.