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Judgment
Viju Abraham, J.
These are applications for regular bail.
Petitioner in B.A.No.9859 of 2022 is the 1st accused and petitioner in B.A.No.9876 of 2022 is the 2nd accused in Crime No.1267 of 2022 of Hosdurg Police Station, Kasaragod District registered alleging commission of offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The prosecution allegation is that on 04.10.2022 at about 13.45 hours the police party conducted a search in room No.106 of Emirates Hotel at Kunnummal in Balla Village and seized 3.900 grams of MDMA kept for sale in the particular room where accused Nos.1 to 3 were present. Thus the accused have committed the aforesaid offences.
Petitioners submit that they have been falsely implicated in the abovesaid crime and that they are in custody from 04.10.2022 onwards. Petitioners further submit that the investigation in the crime is over and final report is already filed and the case is pending as S.C.No.715 of 2022 before the Sessions Court, Kasaragod and that the 3rd accused is already granted bail by the Sessions Court as per Annexure-AII order.
The learned Public Prosecutor seriously opposed the application for bail mainly contending that the petitioners were found in possession of synthetic drug and further that the 2nd accused who is the petitioner in B.A.No.9876 of 2022 is involved in another crime of similar nature.
Having regard to the facts and circumstances of the case and taking into consideration the detention of the petitioners from 04.10.2022 onwards, I am inclined to grant bail to the petitioners, but the same shall only be on stringent conditions in view of the serious criminal antecedents and the seriousness of the allegations.
(i) The petitioners shall execute a bond for Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.
(ii) They shall appear before the investigating officer in Crime No.1267 of 2022 of Hosdurg Police Station, Kasaragod District on all Saturdays at 11.00 a.m. for a period of six months.
(iii) They shall not leave the State of Kerala without getting prior permission from the jurisdictional court.
(iv) They shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.
(v) They shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.1267 of 2022 of Hosdurg Police Station, Kasaragod District may file an application before the jurisdictional court, for cancellation of bail..