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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 petitioner is the 8th accused in Crime No. 864/2022 of Pandalam Police Station for having allegedly committed offences punishable under Sections 22(c), 60(3), 8(C) & 29 of the Narcotic Drugs and Psychotropic Substances Act.
The prosecution case, in short, is that, on 30/07/2022 at about 1.16 p.m., the Sub-Inspector of Police of Pandalam Police Station, Sreejith, while doing official duties received secret information within from jurisdiction of Pandalam Police Station that MDMA was kept in possession and was sold at Room No.106 in River Walk Hotel, Pandalam. He wrote the information in a white paper, and a copy of it was sent through Civil Police Officer No. 2815, to SHO. Thereafter, he proceeded to the Hotel along with police personnel, including women, prepared a search memo with witnesses, and entered Room No. 106, allegedly found in the room Accused Nos. 1, 2, and 3. The police officer allegedly informed them that he had received information that those three people had possessed MDMA, and then he allegedly told them the right to demand to be searched in the presence of either the Gazetted Officer or Magistrate by issuing notice independently to each of them. While the detecting officer waited for Adoor Tahazildar, A4 and A5 allegedly came to the room. A4 had carried a shoulder bag when he entered the room. All of them were searched in the presence of a Gazetted Officer. Thereupon, the detecting officer seized 1.830 grams and 2.640 grams of MDMA contained in two packets that were kept in the left pocket of jeans pants worn by 1st accused. 151.490 grams of MDMA contained in a plastic cover kept in a shoulder bag allegedly carried by the 4th accused was also seized, and all contraband was sealed. In due course, the contraband seized was produced before the concerned court, sampling was done, and the same was sent for chemical analysis in violation of rules and guidelines.
The learned counsel for the petitioner and the learned Public Prosecutor submit that the 7th accused, against whom similar allegations as that of the 8th accused/the petitioner herein are levelled, has been granted bail by order dated 25/08/2023 in B.A.No.5828/2023. Therefore, on the grounds of parity, petitioner herein is also granted bail on identical 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 Special court concerned.
(ii) The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the trial and shall be available for trial.
(iii) The petitioner shall not leave India without the permission of the Special court.
(iv) 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.
(v) The petitioner shall surrender his passport before the Special Court on the date of execution of the bail bond or within ten days therefrom, with special permission of the Special Court. If the petitioner has no passport, he shall file an affidavit to that effect, instead of surrendering passport, within the stipulated time.
(vi) The petitioner shall not involve in any other offence during the currency of bail and in such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.