IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
BAIL APPL. NO. 3142 OF 2022
CRIME NO.188/2022 OF Kasaba Police Station, Kozhikode
PETITIONER/CCUSED:
SABID
AGED 34 YEARS
SON OF BASHEER, THOTTOOLI HOUSE, NANMINDA,
KOZHIKODE, PIN - 673613
BY ADVS.
K.SEENA
ZUBAIR PULIKKOOL
RESPONDENT/COMPLAINANT
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SR.PP . SMT. NEEMA T.V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL. NO. 3142 OF 2022
2
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.No.3142 of 2022
-------------------------------
Dated this the 4th day of May, 2022
ORDER
This Bail Application is filed under Section 439 of Criminal Procedure Code.
2. Petitioner is the accused in Crime No.188 of 2022 of Kasaba Police Station. The above case is registered against the petitioner alleging offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act. Petitioner was arrested on 09.03.2022 and he is in custody.
3. The prosecution case is that on 09.03.2022 at about 9.30 p.m., the accused was found in possession of 2.900 grams of MDMA transported in a Maruti Car at Pavamani, SK Temple road, Kasaba, Kozhikode.
4. Heard counsel for the petitioner and the Public BAIL APPL. NO. 3142 OF 2022 3 Prosecutor. The counsel for the petitioner submitted that the contraband seized from the petitioner is only intermediary quantity and the petitioner is in custody from 09.03.2022 onwards. The counsel submitted that there is no criminal antecedents to the petitioner and the petitioner is ready to abide any conditions if this Court grant him bail. The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the petitioner committed a serious offence. But the Public Prosecutor conceded that the quantity seized is only intermediary quantity. It is true that the allegation against the petitioner is very serious. But no criminal antecedents is reported against the petitioner. The petitioner is in custody from 09.03.2022 onwards. The contraband seized from the petitioner is intermediary quantity. Considering the entire facts and circumstances of the case, I think, the petitioner can be released on bail on stringent conditions. If any of the BAIL APPL. NO. 3142 OF 2022 4 conditions are violated, the investigating officer is free to file appropriate application before the Jurisdictional Court to cancel the bail and if such an application is filed, the Jurisdictional Court will consider the same and pass appropriate orders in it, in accordance with law.
5. Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram. P v Directorate of Enforcement (2019 (16) SCALE
870), after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same in as much as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial.
6. Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions:
BAIL APPL. NO. 3142 OF 2022 5
1. Petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
2. The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co- operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
3. Petitioner shall not leave India without permission of the jurisdictional Court.
4. Petitioner shall not commit an offence BAIL APPL. NO. 3142 OF 2022 6 similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. Petitioner shall appear before the Investigating Officer on all Mondays and Fridays till final report is filed.
6. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional court to cancel the bail, if there is any violation of the above conditions.
sd/-
P.V.KUNHIKRISHNAN, JUDGE hmh