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Judgment
A.Badharudeen, J
This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking regular bail and the petitioner is the 1st accused in crime No.1256/2022 of Palarivattom Police Station, Ernakulam now pending as S.C. (NDPS) No.25/2023 on the files of the Special Court (Additional District Court-I), Ernakulam.
Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the relevant documents form part of the Case Diary placed by the learned Public Prosecutor.
The prosecution case is that the petitioner/accused herein was found in possession of 4.5 gram of MDMA at about 8.00 09.11.2022 and the same was seized while he was transporting the same in a two-wheeler bearing Registration No. KL-07-CW-3103. On detection, the petitioner was arrested and has been detained in custody on the allegation that he has committed offences punishable under Sections 22(b) and 8(c) of the NDPS Act.
While pressing for grant of regular bail to the petitioner, the learned counsel appearing for the petitioner pointed out that in this case the investigation has already been completed and the matter has been pending as Sessions Case before the Special Court. Pointing out the custody of the petitioner from 09.11.2022 and the petitioner’s stature as a first-time offender, the learned counsel pressed for grant of regular bail.
The learned Public Prosecutor also submits that the petitioner is a first time offender and final report has already filed.
On evaluation of the materials there is no reason to detain the petitioner in custody further. Since final report already filed, the petitioner who has been in custody from 09.11.2022, can be enlarged on bail, on conditions.
Therefore, this petition stands allowed. The petitioner is enlarged on bail on conditions:
i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned.
ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.
iii. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.
iv. The petitioner shall surrender his passport before the Jurisdictional Court on the date of execution of the bail bond or within ten days therefrom, with special permission of the Jurisdictional Court. If the petitioner has no passport, he shall file an affidavit to that effect, instead of surrendering passport, within the stipulated time.
v. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same alone shall be a reason to cancel the bail hereby granted.