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Judgment
Mohammed Nias C.P., J
This application is filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.
The petitioners are accused Nos.1 and 2 in Crime No.824/2023 of Kannur Town Police Station, Kannur District, for having allegedly committed offences punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The prosecution case is that, on 21/06/2023 at about 5.50 PM, petitioners were found in possession of 13.35 grams of MDMA near the under bridge of Thavakkara at Kannur and thereby committed the offence.
The learned counsel appearing for the petitioner would say that the petitioners are innocent and falsely implicated with ulterior motives. It is seen that this Court had granted interim bail to the petitioners by order dated 09/10/2023 for a period of one month.
The learned public prosecutor opposed the petition.
After having considered the submissions of the learned counsel for the petitioners and learned Public Prosecutor and considering the nature of the allegations against the petitioners and taking into account the FSL report, which shows that the contraband is methamphetamine weighing 13.35 grams, which is not commercial quantity and also since there is no apprehension raised by the prosecution that if released on bail, the petitioners are likely to abscond, I hold that bail can be granted to the petitioners, more so when no other criminal antecedents have been reported against the petitioners, on the following conditions.
In such circumstances, I am inclined to pass an order making the earlier interim order dated 09/10/2023 absolute, subject to the following conditions:
(i) The petitioners shall appear before the Court concerned/ Investigating Officer as and when directed by them.
(ii) The petitioners shall not directly or indirectly contact or influence the witnesses during the bail period.
(iii) The petitioners shall surrender their passport, if any, before the jurisdictional court while executing the bail bonds and only on production of the same shall they be released.
(iv) If the petitioners have no passport, they shall file affidavits to that effect on the execution of the bonds or within three days thereafter.
If any of the conditions are violated, the Investigating Officer will be free to file an appropriate application before this Court for cancellation of the bail.