Midhun Mathew vs State Of Kerala

Mohammed Nias C.P., J

This application for regular bail is filed under Section 439 of the Code of Criminal Procedure.

The petitioner is the second accused in Crime No. 1002/2023 of Gandhinagar Police Station for having committed offences punishable under Sections 22(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act.

The allegation against the petitioner is that, on 05.07.2023 at about 10.30 p.m, while the Sub Inspector of Police, Gandhinagar Police Station, conducted a search in the house of the petitioner, 0.33 grams of MDMA and 1.23 grams of Ganja were 31 grams of MDMA were seized, in contravention of the provisions of the Act. Thus, the petitioner has committed the aforesaid offences as alleged.

I heard the learned counsel for the petitioner and the learned public prosecutor.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the accused is in custody from 06.07.2023 and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition. The learned Public Prosecutor makes available the Chemical Analysis Report for perusal.

Considering the fact that the first accused in this case was granted bail as per orders of this Court in BA No.9797/2023 dated 29.11.2023 and taking note of the chemical analysis report, which states that the contraband involved is methamphetamine and not MDMA, I am inclined to grant bail to this petitioner as well. It is stated that on the basis of the very same allegation, another crime was registered against the petitioner on the same day, wherein a small quantity was seized from him. Taking note of this that the offence is a continuation of the crime registered therein, and the fact that the first accused was granted bail and no other antecedents are reported against the petitioner, I am inclined to grant bail to the petitioner subject to the following conditions:

(i)The petitioner shall be released on bail on executing separate bonds for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction; one of the sureties shall be a parent or close relative of the petitioner.

(ii) He shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m. for three months and thereafter as and when directed to appear.

(iii)He shall not intimidate or attempt to influence the witnesses, nor shall they 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 not leave India without the permission of the jurisdictional Court and, if he has a passport, shall deposit the same before the Trial Court within a week.

(vii)He shall furnish his present address along with his mobile number to the Court concerned as well as to 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.