OKAFOR EZE EMMANUEL Vs. STATE OF KERALA

JUDGEMENT

(1.) The 6th accused filed BA No.2425/2023, the 8th accused filed BA No.8625/2023 and the 7th accused filed BA No.9164/2022 in Crime No. 731/2022 of Palarivattom Police Station, for having committed offences punishable under Ss. 22(c), 8(c), 29 and 27A of the NDPS Act, have filed these applications under Sec. 439 of the Code of Criminal Procedure seeking regular bail.

(2.) The prosecution case is that, on 19/7/2022, at 23.55 hours, the 1st accused was found in possession of 102.04 grams of MDMA. During the investigation, it was revealed that it was the petitioner who procured the said contraband article and gave the same to accused Nos.3, 4 and 5 and supplied the same to the 1st accused. Accordingly, he was implicated as one of the accused and as part of the investigation, the petitioner was arrested on 28/7/2022. Since then, he has been under judicial detention. Even though he submitted an application for regular bail on an earlier occasion it culminated in Annexure-A3 order, by which it was dismissed. This is the second application submitted by him.

(3.) The learned counsel for the petitioners submits that the petitioners are innocent of all the allegations and they have been under judicial detention. He also placed reliance upon the order passed in B.A. No. 4344/2023, passed by this Court on 26/9/2023, wherein, the 3rd accused in this case was granted bail. The learned counsel also submits that the investigation in this case is already over and the final report has been submitted. Learned counsel appearing in BA No.2425/2023 argues that though the petitioner is a Nigerian citizen, considering the fact that he has been in custody since 23/8/2022, he may be released on bail going by the principle of law made applicable to A3. Learned counsel also submits that he is prepared to stay in Ernakulam District itself till the completion of the trial. Learned counsel for A7 in BA No.9164/2022 submits that he was arrested on 6/9/2022 and prayed for releasing him on bail taking into account the period of incarceration. Learned counsel appearing for A8 in BA No.8625/2023 submits that he is roped into the case only because of A4 and A5 and since they were granted bail, he also may be enlarged on bail.