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Judgment
Viju Abraham, J.
The petitioner is arrayed as the 1st accused in Crime No.381/2022 of Vatakara Police Station, alleging commission of offence punishable under Sections 20(b)(ii) (A) and 22(b) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The allegation of the prosecution is that on 19.04.2022 at 1.15 pm, the accused was found in possession of 4.650 gms of MDMA and 9gms of Ganja transported in a motor cycle bearing registration No.KL18Y 1812 at Vatakara Railway Quarters Road and thereby committed the offence as alleged. The petitioner was arrested on 19.04.2022 and has been remanded to judicial custody. He moved an application for bail before the Court of Special Judge (NDPS Act Cases) Vatakara, which was dismissed as per Annexure-1 order dated 06.05.2022.
The contention of the learned counsel for the petitioner is that, even going by the case of the prosecution, only 9 gms of Ganja was seized from the motor cycle owned by the petitioner. The petitioner contend that he is innocent of the charges levelled against him and that he has no other criminal antecedents. It was also submitted that petitioner is an M.Tech student undergoing his studies at Bangalore.
Learned Public Prosecutor opposes the bail application mainly contending that investigation is still going on and on this time the petitioner shall not be released on bail. Having regard to the facts and circumstances of the case and considering the nature of the allegations and considering the fact that the petitioner is a student and that he is under detention from 19.4.2022 onwards, I am inclined to grant bail to the petitioner on 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.381/2022 of Vatakara Police station on every Saturday at 11 am until filing of final report.
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.381/2022 of Vatakara police station;
(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.381/2022 of Vatakara police station may file an application before the jurisdictional court, for cancellation of bail.
Bail application is allowed.