IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
BAIL APPL. NO. 3162 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMC 199/2022 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT - II, KALPETTA
CRIME NO.59/2021 OF SULTHAN BATHERY EXCISE RANGE OFFICE, WAYANAD DISTRICT
PETITIONER/ACCUSED NO.2 :
JISHAD K P,
AGED 39 YEARS, S/O AKBAR
KUNNUMMAL HOUSE, KATCHERY VILLAGE, KOZHIKODE TALUK,
KOZHIKODE DISTRCT , PIN - 673011
BY ADVS.
K.K.JAYARAJ NAMBIAR
SIDHARTH J NAMBIAR
RESPONDENT/COMPLAINANT :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,
PIN - 682031
OTHER PRESENT:
SRI. T.R. RANJITH (SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.3162/2022 2
ORDER
This is an application for regular bail
2. The Petitioner is the 2nd accused in Crime No.59/2021 of Sulthan Bathery Excise Range Office, Wayanad District which was originally registered alleging commission of offences under Sections 22 (C), 22(a) and 20(b)(ii)(A) r/w 29 of Narcotic Drugs and Psychotropic Substances Act in respect of a commercial quantity of a Narcotic Drug.
3. The allegation against the petitioner is that on 15-11-2021, the petitioner along with the co-accused was found in possession of 21 g of MDMA, 0.38 g of Diazepam and 2.04 g of Hashish Oil and allegedly committed the offences alleged against them. Following investigation to the matter, a final report has already been filed. From the final report it is seen that the substance suspected to be MDMA, which was allegedly seized from the possession of the petitioner has been shown to be Methamphetamine in which case the drugs in question do not fall within commercial quantities.
4. The learned counsel for the petitioner submits that the petitioner has been in custody for 192 days and considering the fact that the case involves an intermediate/small quantity of B.A.No.3162/2022 3 Narcotic Drugs the petitioner may be directed to be released on bail especially considering the fact that no criminal antecedents are reported against him.
5. The learned Public Prosecutor opposes the grant of bail. It is submitted that merely because the drugs are not in commercial quantities that does not mean that the petitioner is entitled to bail though the rigour of Section 37 may not apply in deciding the bail application of the petitioner. It is submitted that the investigation has established that the petitioner and the other accused are clearly guilty in the matter. However, it is confirmed that no criminal antecedents are reported against the petitioner .
6. Having regard to the facts and circumstances of the case and considering the fact that continued detention of the petitioner may not be necessary for the purposes of any investigation and also taking note of the fact that the petitioner has been custody for 192 days, I am of the opinion that the petitioner can be granted bail subject to the conditions.
7. In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-
B.A.No.3162/2022 4
(i) The petitioner shall execute a bond for a sum of Rs.50,000/-
(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;
(ii) The Petitioner shall report before the Investigating officer in Crime No.59/2021 of Sulthan Bathery Excise Range Office, Wayanad District as and when summoned to do so;
(iii) The petitioner shall not attempt to influence or intimidate any witness in Crime No.59/2021 of Sulthan Bathery Excise Range Office, Wayanad District;
(iv) 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.59/2021 of Sulthan Bathery Excise Range Office, Wayanad District may file an application before the jurisdictional Court for cancellation of bail.
Sd/-
GOPINATH P.
JUDGE ats.
B.A.No.3162/2022 5
APPENDIX OF BAIL APPL. 3162/2022 PETITIONER ANNEXURES Annexure1 THE CERTIFIED COPY OF THE ORDER DATED 19- 03-2022 IN CRL.MC NO. 199/2022 ON THE FILE OF THE LEARNED SPECIAL JUDGE NDPS ACT CASES / ADDITIONAL SESSIONS JUDGE - II KALPETA WAYANAD Annexure2 THE TRUE COPY OF THE LATTER DATED 09-01-
2017 ISSUED BY THE CONCERNED CONSULTANT DOCTOR AT NIMHAMS BANGALORE WITH RESPECT TO THE FURTHER TREATMENT OF THE PETITIONER Annexure3 THE TRUE COPY OF THE RELEVANT PAGES OF THE INPATIENT/OUTPATIENT MEDICAL RECORD OF PETITIONER WITH ID NUMBER 2845/18 ISSUED FROM THE GOVT MENTAL HEALTH CENTRE KUTHIRAVATTOM KOZHIKODE