Ananthakrishnan vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 4th accused in Crime No.41 of 2022 of Palakkad Railway Police Station, Palakkad registered alleging commission of offences punishable under Sections 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case is that on 06.12.2022 at 13.30 hours at platform No.2 in Palakkad Junction Railway Station, accused Nos.1 to 4 were found in possession and transporting 6.050 kgs of ganja for sale and thereby the accused have committed the aforesaid offences.

Petitioner submits that he has been falsely implicated in the abovesaid crime and that he is in custody from 06.12.2022 onwards and further that there is total violation of Section 50 of the NDPS Act. It is submitted that petitioner is a B.Sc. final year student and taking into consideration the fact that the petitioner's exams are scheduled, this Court on 30.12.2022 granted interim bail to the petitioner so as to enable him to write exams with a direction that the petitioner shall surrender back to the Sessions Court concerned on 17.01.2023. Petitioner submits that the investigation is progressed considerably and he is a student and that he has no other criminal antecedents, there is no purpose in detaining him further.

Learned Public Prosecutor opposed the application for bail mainly contending that the alleged contraband was seized from the possession of accused Nos.1 and 3, but CCTV visuals revealed that the petitioner was also present there. Learned Prosecutor further submits that the petitioner has no other criminal antecedents.

Considering the facts and circumstances of the case and the detention of the petitioner from 06.12.2022 onwards and also taking note of the fact that the petitioner is a student and has no other criminal antecedents, I am inclined to make the interim bail absolute with the following conditions.

(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(ii) He shall appear before the investigating officer in Crime No.41 of 2022 of Palakkad Railway Police Station, Palakkad on all Saturdays at 11.00 a.m. till the filing of the charge sheet.

(iii) He shall not leave the State of Kerala without getting prior permission from the jurisdictional court.

(iv) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(v) He shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.41 of 2022 of Palakkad Railway Police Station, Palakkad may file an application before the jurisdictional court, for cancellation of bail.