This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

2. The petitioner is the 2nd accused in Crime No. 34/2023 of the Excise Range, Ponnani. The offence alleged against the petitioner and the other accused are punishable under Section 22 (b) of the Narcotic Drugs and Psychotropic Substances Act.

3. The prosecution case is that, on 26.05.2023, the petitioner and the 1st accused were found in a hotel room and on further examination, from the pocket of the 1st accused 7.895 grams of MDMA was recovered. The crime was registered in such circumstances and the arrest of the petitioner was recorded on the same day. It is the case of the prosecution that the contraband article was brought jointly by both the accused from Bangalore. The petitioner has been under detention since the date of occurrence. This application for regular bail is submitted in such circumstances.

4. Heard, Sri. T.H Aravind, the learned counsel appearing for the petitioner and Sri.C.S Hrithwik, the learned Public Prosecutor, appearing for the State.

5. I have carefully gone through the records. It is true that, there are certain allegations and materials against the petitioner. However, it is a fact that the petitioner has been in judicial custody since 26.05.2023. The quantity of the contraband article comes under the category of intermediate quantity to which the rigour of Section 37 of the NDPS Act would not be applicable. Even though it was pointed out that, the petitioner was involved in some other cases, none of the offences related to the NDPS Act.

6. In such circumstances, taking note of the period of detention undergone by the petitioner and also the fact that the quantity involved is intermediate quantity, I do not find any necessity for further incarceration of the petitioner. This is particularly because it is seen from the records that there is substantial progress in the investigation as well.

Accordingly, this application is allowed on the following conditions:-

i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.

ii) The petitioner shall fully cooperate with the investigation.

iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Wednesday until the filing of the final report.

iv) The petitioner shall also appear before the Investigating Officer as and when required.

v) The petitioner shall not commit any offence of similar nature while on bail.

vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

vii) The petitioner shall not leave India without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Magistrate/Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with law.