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. 3067 OF 2022
PETITIONER/1st ACCUSED:
SHAMEER
AGED 33 YEARS
S/O ASEES,
CHOLAKKAL HOUSE,
CHERATTUKUZHI, MALAPPURAM DISTRICT, PIN - 676505
BY ADV SOJAN MICHEAL
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI
PIN - 682031
BY ADV PUBLIC PROSECUTOR ADV.SREEJA 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. 3067 OF 2022
2
P.V.KUNHIKRISHNAN, J
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B.A.No.3067 of 2022
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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.119 of 2022 of Kottakkal Police Station. The above case is registered against the petitioner alleging offences punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act.
3. The prosecution case is that on 08.03.2022 at about 2.30 p.m., the petitioner and another was found in possession of 4.5 grams of MDMA near Spark Industries on the side of Othukkungal Melekulambu temple road. Hence, it is alleged that the accused BAIL APPL. NO. 3067 OF 2022 3 committed the offence. Petitioner was arrested and he is in custody from 08.03.2022 onwards.
4. Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the petitioner is in custody from 08.03.2022 onwards. The counsel submitted that even if the entire allegations are accepted, the petitioner was found in possession of only intermediary quantity of MDMA. The counsel submitted that the petitioner is not involved in any other case and he is ready to abide any conditions if this Court grant him bail. The Public Prosecutor seriously opposed the Bail Application. The Public Prosecutor submitted that the petitioner committed serious offence. Therefore, the petitioner may not be released on bail. It is true that the allegation against the petitioner is serious. But the petitioner is in custody from 08.03.2022 onwards. The allegation is that the petitioner was found in possession of intermediary BAIL APPL. NO. 3067 OF 2022 4 quantity of MDMA. No criminal antecedents is reported against the petitioner. Considering the facts and circumstances of the case and also the period of detention, I think the petitioner can be released on bail imposing stringent conditions.
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 inasmuch 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. 3067 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. 3067 OF 2022 6 similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The petitioner shall appear before the Investigating Officer on all Mondays for a period of 90 days or till final report is filed, whichever is earlier.
6. If any of the conditions is violated, the prosecution is free to file application to cancel the bail before the jurisdictional court and the jurisdictional court will pass appropriate orders in it, in accordance with law.
sd/-
P.V.KUNHIKRISHNAN, JUDGE hmh