Nidhin Antony vs State Of Kerala

Mohammed Nias C. P. , J.

This is the third application filed by the petitioner, under Section 439 of the Code of Criminal Procedure, seeking regular bail. The petitioner is the first accused in Crime No. 1544/2022 of Ernakulam South Police Station, registered for having committed offences punishable under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The allegation against the petitioner is that, on 21.12.2022, at 5.45 p.m., the investigating officer recovered 52.08 grams of MDMA in room No. 604 of the Caprice Residency, a lodge functioning at Panampilly Nagar, Ernakulam. The petitioner was arrested on the same day, and since then, he has been under judicial detention.

The trial of the case had started, and CW 6, 9 & 10 were examined as PW 1, 2 & 3. After the evidence of CW1 as PW4, the trial court granted bail to the second accused in Crl. M.P.No.815/2024 finding merit in the contention of the petitioner therein that there is a violation of Section 50 of the NDPS Act as the right of body search has not been conveyed to the accused separately and that the contraband was weighed, including the polythene covers. It was also found that the petitioner therein was in custody for more than 14 months. The petitioner herein was also arrested on 21.12.2022.

Taking note of the above, I am inclined to grant bail to the petitioner as the prosecution raises no apprehension that the petitioner would abscond if released on bail. 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.50,000/- (Rupees Fifty Thousand 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 as and when directed;

iii.The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

iv.The petitioner shall not be involved in any other crime while on bail;

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 from the date of his release on bail;

vi.The petitioner shall furnish his present address along with his mobile phone number to the court concerned as well as to the Investigating Officer;

vii.If any of the conditions are violated, the Court concerned will be empowered to take steps for cancellation of bail as per law.