Sreedevi vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.28/2021 of Excise Range Office, Kunnamkulam, Thrissur District alleging commission of offences under

Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The allegation against the petitioner is that he was found in possession of 3.010 grams of MDMA and thereby he committed the offence alleged

against him.

The learned counsel for the petitioner submits that the quantity of drugs seized from the petitioner is of intermediate quantity as far as MDMA is

concerned and therefore, the petitioner is entitled to statutory bail on completion of 60 days in custody. It is submitted that the petitioner has already

completed 57 days in custody and no final report has been filed in the matter thus far. It is also submitted that the petitioner is a lady and her continued

detention may not be necessary for the purposes of investigation into the case.

I have heard the the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner will be entitled to statutory bail on 16.01.2022

and also considering the fact that the petitioner is a woman and in the hope that the petitioner will not engage in any similar activity in future, I am

inclined grant bail to the petitioner subject to conditions.

In the result, this application is allowed and it is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties for the like sum to the satisfaction of the

Jurisdictional Court;

(ii) The petitioner shall appear before the investigating officer in Crime No.28/2021 of Excise Range Office, Kunnamkulam, Thrissur District on every Monday and

Saturday at 9.00 am until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.28/2021 of Excise Range Office, Kunnamkulam,

Thrissur District;

(iv) The petitioner shall surrender her passport before the Jurisdictional Court. If the petitioner does not have a passport, she shall execute affidavit to that effect and

file the same before the said court within seven days of release on bail;

(v) 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.28/2021 of Excise Range Office, Kunnamkulam, Thrissur District

may file an application before the Jurisdictional Court, for cancellation of bail.