Admittedly, the quantity involved is
'intermediate' as per the relevant notifications. {Para8}
9. Accused Nos. 1 and 3 were ordered to be
released on bail as per order dated 18.07.2022 in B.A.
No.5043/2022 by this Court.
10. The learned Public Prosecutor submitted
that the petitioner has criminal antecedents. It is
submitted that he is accused in Crime Nos.21/2022,
347/2015 and 177/2019.
11. Having regard to the facts and
circumstances of the case mentioned above, the
petitioner can be ordered to be released on bail on
stringent conditions.
In the result, this Bail Application is allowed as
follows:
(a) The petitioner shall be released on bail on
his executing bond for Rs.1,00,000/-
(Rupees One lakh only) with two solvent
sureties each for the like sum to the
satisfaction of the jurisdictional court.
(b) He shall appear before the Investigating
Officer on Mondays and Saturdays between
10 A.M. and 11 A.M. till the final report is
filed.
(c) He shall not attempt to interfere with the
investigation or influence any witnesses.
(d) He shall surrender his Indian Passport
before the Jurisdictional Court. If he does
|not have a passport, he shall file an affidavit
to that effect, within a period of one
week from the date of his release.
(e) He shall not involve in any other cases of
like nature while on bail.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BAIL APPL. NO. 5531 OF 2022
AKHIL JOHN Vs STATE OF KERALA
PRESENT
MR.JUSTICE K. BABU
Dated this the 21st day of July, 2022
This is an application filed under Section 439 of
the Code of Criminal Procedure.
2. The petitioner is accused No.5 in Crime
No.484/2022 of Kalady Police Station. The offences
alleged against the petitioner are punishable under
Sections 22(c), 29, 20B(ii)A of the Narcotic Drugs and
Psychotropic Substances Act, 1985.
3. The prosecution case is that, on 04.05.2022, at
about 2 a.m., accused Nos. 1 to 3 while travelling in a
Nissan Micra car bearing registration No.KA-51-AA-
1688 were found in possession of Narcotic Drugs and
Psychotropic Substances such as Ganja and MDMA
weighing 8.6 grams and 11.200 grams respectively
by the Sub Inspector of Police, Kalady Police Station.
Based on the confessional statement of accused Nos.
1 to 3, the petitioner was arrayed as accused No.5
alleging that the contraband substances were
procured by accused Nos. 1 to 3 from him.
4. The petitioner was arrested on 27.05.2022
and has been in judicial custody since then.
5. Heard the learned Counsel for the petitioner
and the learned Public Prosecutor.
6. The learned Public Prosecutor upon
instruction submitted that though originally the
contraband was recorded as MDMA, in the chemical
analysis it was found to be Methamphetamine and
the quantity involved was 26 grams of
methamphetamine and 493.61 grams of Ganja.
7. The learned Counsel for the petitioner
submitted that the quantity involved is 'intermediate'
and therefore, the rigor under Section 37 of the NDPS
Act will not come into play.
8. Admittedly, the quantity involved is
'intermediate' as per the relevant notifications.
9. Accused Nos. 1 and 3 were ordered to be
released on bail as per order dated 18.07.2022 in B.A.
No.5043/2022 by this Court.
10. The learned Public Prosecutor submitted
that the petitioner has criminal antecedents. It is
submitted that he is accused in Crime Nos.21/2022,
347/2015 and 177/2019.
11. Having regard to the facts and
circumstances of the case mentioned above, the
petitioner can be ordered to be released on bail on
stringent conditions.
In the result, this Bail Application is allowed as
follows:
(a) The petitioner shall be released on bail on
his executing bond for Rs.1,00,000/-
(Rupees One lakh only) with two solvent
sureties each for the like sum to the
satisfaction of the jurisdictional court.
(b) He shall appear before the Investigating
Officer on Mondays and Saturdays between
10 A.M. and 11 A.M. till the final report is
filed.
(c) He shall not attempt to interfere with the
investigation or influence any witnesses.
(d) He shall surrender his Indian Passport
before the Jurisdictional Court. If he does
|not have a passport, he shall file an affidavit
to that effect, within a period of one
week from the date of his release.
(e) He shall not involve in any other cases of
like nature while on bail.
Sd/-
K. BABU
JUDGE
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