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Judgment
Viju Abraham, J
This is an application for regular bail.
The petitioner is accused No.4 in Crime No.318/2022 of Naruvamoodu Police Station, Thiruvananthapuram, alleging commission of offence punishable under Section 22(b), 25 & 29 of the Narcotic Drugs And Psychotropic Substances (NDPS) Act, 1985.
The prosecution allegation is that, on 10.05.2022, at about 5:15 p.m., the petitioner and the other accused persons were found in possession of 2 grams & 89 milligrams of MDMA and 7 grams & 3 milligrams of Ganja for the purpose of sale in a lodge situated at Parookuzhi in Pallichal Village. Thus, the accused persons are alleged to have committed the aforesaid offence.
4 .The learned counsel for the petitioner submitted that the petitioner is falsely implicated in above said crime and he has no involvement as alleged. It is also submitted that the petitioner was arrested on 10.05.2022 and he is continuing in custody. Though the petitioner moved an application for bail before the Addl. Sessions Court, Thiruvananthapuram, the same was rejected as per Annexure A2 order.
The learned Public Prosecutor opposed the application for bail mainly contending that the accused persons were found together in a flat along with the contraband article and in a search conducted by the investigating officer, the contraband was found in possession of the 1st accused. The learned Public Prosecutor, upon instructions, submitted that the petitioner has no 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 is in custody from 10.05.2022 onwards, I am inclined to grant bail to the petitioner 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 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.318/2022 of Naruvamoodu Police Station, Thiruvananthapuram on every Saturday at 11 am, until filing of final report;
(iii) 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;
(iv) 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.318/2022 of Naruvamoodu Police Station, Thiruvananthapuram may file an application before the jurisdictional court, for cancellation of bail.