RAFEEQ C.K.P Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused in Crime No. 24/2021 of Excise Range Office, Mananthavadi in Wayanad district. The allegation is that they were found carrying 840 mgs of MDMA and thus were arrested on 25.06.2021 and since then are in judicial custody. Their earlier application for bail moved under Section 439 of the Code of Criminal Procedure was dismissed by this Court vide Annexure A2 order.

(2.) The petitioners are in custody from 25.06.2021 onwards. That means, by now they have completed more than 60 days in judicial custody. What is seized is intermediary quantity of MDMA; final report is not yet filed and thus they have entitled to be released on statutory bail. It is true that they are history sheeters. Petitioners 1 and 3 have twelve cases each to their credit whereas the second petitioner is accused in nine cases. But those are cases registered under the Indian Penal Code. Prosecution has no case that they are absconding in those cases.

(3.) In the circumstances, having obtained right to get released on statutory bail, they shall be released on bail on the following conditions:-