Bail can be granted if there is ambiguity in the prosecution's case and no prior criminal record, emphasizing the presumption of innocence.

ORDER

This is an application for regular bail.

2. The petitioners are the accused in Crime No.238/2022 of Erumapetty Police Station, Thrissur District alleging commission of offences under Section 402 of the Indian Penal Code and Sections 22(a), 22(b) and 29 of the Narcotic Drugs and Psychotropic Substance Act .

3. The allegation against the petitioners is that the petitioners were found in possession of 0.640 grams of a substance believed to be MDMA and a knife and a bottle of pepper spray and thereby they committed the offences under the NDPS Act and also the offence punishable under Section 402 of the IPC .

4. The learned counsel appearing for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that even the prosecution does not have a clear case as to whether the substance allegedly found from the possession of the petitioners is MDMA or not. It is submitted that even assuming that the substance is MDMA the quantity recovered is just above small quantity. It is submitted that the offence under Section 402 of the IPC is clearly not attracted merely on account of the fact that the knife and a pepper spray were allegedly recovered from the possession of the petitioners. It is submitted that one among the petitioners had gone to Thrissur District and had been detained therein by group of persons, on the allegation that he had come to see a girl residing in the locality in question. It is submitted that the other petitioners had gone there to rescue him and while they were returning in a car, the Police squad had intercepted them and had allegedly recovered the narcotic substance and a knife and a pepper spray from their possession. It is submitted that the petitioners had been in custody from 21.04.2022 and their continued detention is not necessary, in the facts and circumstances of the case. It is submitted that the petitioners have no criminal antecedents.

5. I have heard the learned Public Prosecutor also.

6. The learned Public Prosecutor opposes the grant of bail. The circumstances of the case appearing against the petitioners are pointed out. It is submitted that the 1st petitioner is an accused of an offence namely under Section 411/379 of the IPC . It is submitted that the matter is under investigation and the grant of bail to the petitioners, at this stage, may not be conducive to the investigation.

7. Having heard the learned the learned counsel for the petitioner and the learned Public Prosecutor, I am of the opinion that the petitioners can be granted bail subject to conditions. They have been in custody for nearly one month. Taking into account of the nature of the allegations and considering the fact that they have no antecedents relating to any offence under the NDPS Act, I am of the opinion that they need not be detained further.

8. In the result, this application is allowed and it is directed that the petitioners shall be released on bail, subject to the following conditions:- (i) The petitioners shall execute bond for sum of 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) The petitioners shall appear before the investigating officer in Crime No.238/2022 of Erumapetty Police Station, Thrissur District on every Saturday at 11.00 am till

30.07.2022 and thereafter whenever called upon to do so;

(iii) The petitioners shall not attempt to interfere with the investigation or influence or intimidate any witness in Crime No.238/2022 of Erumapetty Police Station, Thrissur District;

(iv) The petitioners shall surrender their passport before the Jurisdictional Court. If the petitioners do not have a passport, they shall execute affidavit to that effect and file the same before the said court within seven days of release on bail;

(v) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in C