Aboobacker And Ors vs State Of Kerala

Application for regular bail under Section 439 of Cr.P.C. Applicants are accused Nos.1 to 3 in Crime No.50/2021 of Kondotty Police Station, Malappuram for having allegedly committed offences punishable under Sections 20(b) (ii) B and Section 29 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case, in brief, is that on 22.01.2021 at about 4 a.m., the applicants were found to be in possession of 4.870 kgs of ganja while they were transporting the same in a Maruti car bearing registration No. KL 6-5950 along the Kondotty-Kizhisseri public road and they were arrested and the contraband articles were seized and remanded to judicial custody.

The applicants state that the allegations are not true and that they have been falsely implicated in this crime. It is stated that accused Nos.2 and 3 have no criminal antecedents. Just because the 1st applicant has some criminal antecedents including an offence under the NDPS Act for being in possession of a small quantity of ganja, he has been falsely implicated by the officers. They are innocent and therefore they seek regular bail.

Heard the learned counsel for the applicants and the learned Public Prosecutor.

It is pointed out by the learned Public Prosecutor that the 1st applicant is a notorious criminal having seven crimes registered against him from the year 2004 to 2016. He was included in committing offences of theft, Abkari Act and also NDPS Act. Considering the antecedents of the 1st applicant it is submitted that he may not be granted regular bail. Investigation is also going on against the 4th accused, who is the supplier of ganja. He also has antecedents. However, it is admitted that applicant Nos.2 and 3 have no criminal antecedents.

Considering the entire facts and circumstances of this case, I find that the embargo under Section 37 of the NDPS Act is not attracted because the quantity involved is only intermediary. The 1st applicant being a notorious criminal and having several criminal antecedents against him, he is not entitled to bail at this stage. Applicants Nos.2 and 3 are entitled to bail. Hence, the application is allowed in part and the applicant Nos.2 and 3 are directed to be released on bail on execution of bond for Rs.1,00,000/-(Rupees one lakh only) each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) They shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months or till the filing of final report whichever is earlier.

(ii) They shall not tamper with evidence, intimidate or influence the witnesses .

(iii) They shall not get involved in similar offences during the currency of the bail.

In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.