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HIGH COURT OF KERALA
VIJU ABRAHAM, J
ABOOBACKER SIDDIQUE.K – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./7236/2022
Bail - Narcotic Drugs - Narcotic Drugs and Psychotropic Substances Act - Sections 22(b) - The court considered the implications of the provisions concerning possession and potential threat to investigation, leading to the grant of bail under strict conditions.
Fact of the Case:
The petitioner was accused of possessing 1.40 grams of MDMA and was in custody since 31.07.2022. The prosecution argued against bail due to the petitioner’s involvement in a similar case, while the defense claimed the petitioner was innocent.
Finding of the Court:
The court found that the petitioner had already been in custody for an extended period and that further detention was unnecessary for the investigation. Therefore, bail was granted under stringent conditions.
Issues: Whether the petitioner should be granted regular bail considering the nature of the charges and involvement in another similar case.
Ratio Decidendi: The court decided that the length of detention and circumstances warranted bail, provided strict conditions to ensure cooperation with the ongoing investigation.
Final Decision: Bail granted subject to strict conditions.
O R D E R
This is an application for Regular Bail.
2. The petitioner is the sole accused in Crime No.451/2022 of Melparamba Police Station, Kasaragod alleging commission of offence punishable under Section 22 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 .
3. The prosecution allegation is that, on 30.07.2022 at
5.45 pm, the petitioner was found in possession of 1.40 grams of MDMA at a ground near Cherukara colony road and thereby committed the above said offence.
4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the charges levelled against him and he is in custody from 31.07.2022 onwards. It is also contended that his further detention is not required for the purpose of the investigation.
5. The learned Public Prosecutor opposed the application for bail mainly contending that the petitioner is involved in another case of a similar nature.
6. Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 31.07.2022, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions: (i) The petitioner shall execute 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.451/2022 of Melparamba Police Station, Kasaragod on every Saturday at 11 am, and co-operate with the investigation;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.451/2022 of Melparamba Police Station, Kasaragod;
(iv) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an 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.451/2022 of Melparamba Police Station, Kasaragod may file an application before the jurisdictional court, for cancellation of bail.
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