Shameer vs State Of Kerala
2022 Latest Caselaw 5015 Ker

         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
               --------------------------------
                 B.A.No.3067 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.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

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

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

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

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