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2022 Supreme(Online)(KER) 56598
HIGH COURT OF KERALA
VIJU ABRAHAM, J
Umar Mukthar – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./7121/2022
Bail may be granted even for serious allegations when the accused has no prior record and has been in custody for a significant time, subject to strict conditions.
Headnote:
Bail - Narcotic Drugs - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 22(b) - The court considered the lack of prior criminal antecedents of the petitioner and the substantial time in custody while addressing the seriousness of the offence, imposing stringent conditions for bail.
Fact of the Case:
The petitioner was arrested for allegedly possessing 6.79 grams of MDMA while attempting to sell it. He claimed false implication and had no prior criminal history.
Finding of the Court:
The court granted bail noting the lengthy custody period and absence of prior offences, recognizing the serious nature of the offence but allowing release under strict conditions to mitigate risks.
Issues: Whether the petitioner should be granted bail despite allegations of serious offences under drug laws.
Ratio Decidendi: The lack of prior criminal antecedents and the considerable duration of custody outweighed the serious nature of the alleged crime, justifying the grant of bail with stringent conditions.
Final Decision: Bail application allowed with stringent conditions.
ORDER
This is an application for regular bail.
2. Petitioner is the sole accused in Crime No. 1038 of 2022 of Eravipuram Police Station, Kollam registered alleging commission of offence punishable under Section 22 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 .
3. The case of the prosecution is that the on 20.08.2022 at
10.15 p.m. the accused was found in possession of 6.79 grams of MDMA while he attempting to sell the same at Veliyil Kulangara Amrutham road situated in Mundakkal Village and thus committed the abovesaid offence.
4. Petitioner submits that he has been falsely implicated in the abovesaid crime and further that he has no other criminal antecedents.
5. Learned Public Prosecutor opposed the application for bail mainly contending that the contraband is 6.79 grams of MDMA and the petitioner was arrested while attempting to sell the same, but submitted that no other crime is seen reported against the petitioner.
Considering the fact that the petitioner is in custody from
20.08.2022 onwards and that he has no other criminal antecedents, I am inclined to grant bail to the petitioner, but taking note of the seriousness of the offence, bail shall only be on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:
(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional court. Sureties shall be his parents or close relatives.
(ii) He shall appear before the investigating officer in Crime No.1038 of 2022 of Eravipuram Police Station, Kollam on all Saturdays at 11.00 a.m. until filing of final report.
(iii) 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 (iv) He shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.1038 of 2022 of Eravipuram Police Station, Kollam (v) He shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.1038 of 2022 of Eravipuram Police Station, Kollam may file an application before the jurisdictional court, for cancellation of bail.
