C.S.Dias, J
1. The application is filed under Section 439 of the Code of Criminal Procedure, 1973, (for short, the Code), by the first accused in Crime No.334/2023 registered by the Edakkara Police Station, Malappuram alleging the accused (2 in number) to have committed the offences punishable under Sections 22(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act). The petitioner was arrested on 05.04.2023.
2. The prosecution case, in brief, is that: on 05.04.2023 at about 12.40 p.m the accused were found to be transporting 58.10 gms of MDMA in a scooter bearing Reg.No.KA 03 KK 2167. Thus, the accused have committed the above offences.
3. When the bail application came up for consideration on 25.09.2023, this Court taking into account the serious medical condition of the petitioner, who is suffering from diabetics and hypertension and is a high risk patient of paralytic stroke, granted an order of interim bail.
4. Heard Sri.Nidhin Raj Vettikkadan, learned counsel appearing for the petitioner and Sri.C.S.Hrithwik, the learned Public Prosecutor appearing for the respondent.
5. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. In the chemical analysis report it has been found that the contraband article is methamphetamine and not MDMA as alleged by the prosecution. Moreover, the petitioner is suffering from serious ailments and is a high risk patient. Considering all these aspects that this Court granted the petitioner an order of interim bail. The investigation in the case is complete and Final Report has been filed. The case is now scheduled for trial. Therefore, the interim order may be made absolute and the petitioner may be released on bail. The petitioner is willing to abide by any stringent condition that may be imposed by this Court. The petitioner has no criminal antecedents.
6. The learned Public Prosecutor opposed the application and submitted that the petitioner was granted interim bail only taking into account his medical condition. Nonetheless the rigour under Section 37 of the Act cannot be diluted. There is every likelihood of the petitioner committing a similar offence, if he is let off on bail. Hence, the application may be dismissed.
7. After bestowing my anxious consideration to the materials placed on record, particularly the fact that in the chemical analysis that has been conducted, the contraband article is found to be methamphetamine and not MDMA as alleged by the prosecution and also considering the fact that the petitioner is a high risk patient for suffering a paralytic stroke, that this Court has already granted interim bail on 25.09.2023, that the investigation in the case is complete and Final Report has been laid and that the case is now listed for trial, I am of the view that the rigour under Section 37 of the Act stands diluted and interim order can be made absolute.
8. Resultantly, the interim order dated 25.09.2023 granting the petitioner interim bail is made absolute, subject to the following conditions:
(i) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;
(ii) The petitioner shall not commit any offence while he is on bail;
(iii) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;
(iv) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.
(v) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.
