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2022 Supreme(Online)(KER) 42429
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 19TH DAY OF DECEMBER 2022 / 28TH AGRAHAYANA, 1944 BAIL APPL. NO. 9984 OF 2022 AGAINST THE ORDER/JUDGMENTCRMP 890/2022 OF SPECIAL COURT (NDPS ACT CASES), VADAKARA Crime No.42 of 2022 of Excise Range Office, Kozhikod PETITIONERS/ACCUSED NOS.1 & 2:
1 AJUL FARHAN,AGED 21 YEARS,S/O. SAKKEER.S.V, SAFA MANZIL, KOLATHARA,CHUNGAM, KOLATHARA, P.O, KOZHIKODE DISTRICT., PIN - 673655
2 MUHAMMED SHAHEEL. A.T.,AGED 23 YEARS S/O. SALEEM. A.T, GLADI VILLA, KUNDAYITHODE, KOLATHARA P.O, KOZHIKODE DISTRICT., PIN - 673655 BY ADV K.ABOOBACKER SIDHEEQUE RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA,REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT., PIN - 682031
2 THE EXCISE RANGE OFFICER EXCISE RANGE OFFICE, NEAR KASABA POLICE STATION, PUTHIYARA P.O, KOZHIKODE DISTRICT., PIN - 673004 OTHER PRESENT:
PP - M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VIJU ABRAHAM, J.
................................................................. .................................................................
Dated this the 19th day of December, 2022
ORDER
This is an application for regular bail.
2. Petitioners are accused Nos.1 and 2 in Crime No.42 of
2022 of Excise Range Office, Kozhikode registered alleging commission of offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act.
3. The prosecution allegation is that on 28.10.2022 at about
11.10 p.m. the accused were found in conscious possession of 2.5 grams of MDMA transported in a car bearing registration No.KL-11-BC 179 through the public road from Civil Station to Karaparambu. Thus the accused have committed the abovesaid offence.
4. Petitioners submit that they are totally innocent and they have been falsely implicated in the abovesaid crime. Petitioners further submit that they have no other criminal antecedents. Petitioners are in custody from 28.10.2022 onwards.
5. Learned Public Prosecutor upon instructions submitted that
2.5 grams of MDMA was seized from the car in which the petitioners were travelling and further that they have no other criminal antecedents.
Considering the facts and circumstances of the case and also taking note of the fact that the petitioners have no other criminal antecedents, I am inclined to grant bail to the petitioners. But taking note of the seriousness of the allegation, the same shall only be on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail subject to the following conditions:
(i) The petitioners shall execute a bond for Rs.50,000/-
(Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.
(ii) They shall appear before the investigating officer in Crime No.42 of 2022 of Excise Range Office, Kozhikode on all Saturdays at
11.00 a.m. till completion of trial.
(iii) They shall not leave the State of Kerala without obtaining prior permission from the jurisdictional court.
(iv) They shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.
(v) They shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.42 of 2022 of Excise Range Office, Kozhikode may file an application before the jurisdictional court, for cancellation of bail.
