Arun Ajith @ Kannan vs State Of Kerala

Raja Vijayaraghavan V, J

The above captioned application seeking regular bail is filed under Section 439 of the Code of Criminal Procedure ( “Code†for short) by the

3rd accused in Crime No.836 of 2021 of the Kottarakkara Police Station, registered inter alia under Sections 20(b)(ii)(B) of the Narcotic Drugs and

Psychotropic Substances Act ( for short, NDPS Act).

The prosecution alleges that on 09.05.2021 at about 1.30 p.m., while the Sub Inspector of Police, Kottarakkara and his party were routinely

checking vehicles at Kottapuram junction near Kottarakkara, an Innova Car bearing Registration No. KL-11/AJ-3796 reached the spot. The vehicle

was being driven by the 1st accused and the 2nd accused, who is the registered owner, was found travelling inside the car. On seeing the police

personnel, they reversed the vehicle and drove towards Kottarakkara. The police gave them a hot chase and it is alleged that the accused abandoned

the vehicle at Decentmukku and fled from the scene. The vehicle was searched and about 4 kg of ganja was found on the backside. The contraband

as well as the vehicle were seized and the crime was registered.

In the course of investigation, it was allegedly revealed that the 3rd accused was the financier who used to employ the 4th accused to procure the

contraband from out of State. A report was submitted arraying accused Nos.3 and 4.

Sri. Alexander George, the learned counsel appearing for the applicant submitted that no material has been collected by the Investigating Officer to

link the applicant with the Crime. According to the learned counsel, much after the registration of the crime, based on inadmissible materials, the

applicant has been roped in. He would contend that the applicant is suffering from epilepsy for over 20 years and Annexure-3 and Annexure-4

treatment materials are produced before this Court to substantiate his contentions. He would contend that the applicant herein was arrested on

13.05.2021 and he remains in custody.

The learned Public Prosecutor has opposed the prayer. It is submitted that the investigation conducted till date clearly points to the involvement of

the applicant in the aforesaid crime. It is also submitted that the applicant is involved in some other crimes which are registered under the Kerala

Epidemic Disease Ordinance and under Section 279 of the IPC.

I have considered the submissions advanced and have perused the materials which are made available. It appears from the records that it is based

on the confessional statement of the co-accused that the applicant herein was arrayed as accused. The quantity of contraband seized is 4 kg which

falls within the category of ‘intermediate quantity’. Though it is stated that the applicant is involved in earlier crimes, those crimes were

registered for trivial offences. The applicant has been in custody for a considerable period of time and the records produced asÂ

Annexures-3 and 4 reveal that he is suffering from psychosis.

Having considered all the relevant aspects, including the nature of accusations, the role assigned to the applicant the severity of

the punishment which conviction would entail, the reasonable possibility of securing his presence at the stage of trial and other

factors, I am of the view that the further detention of the applicant in custody is not necessary. He can be granted bail by imposing appropriate

conditions.

In the result, this application will stand allowed, however, it shall be subject to the following conditions:

The applicant shall be released on bail on his executing a bond for Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the

satisfaction of the court having jurisdiction.

The applicant shall appear before the Investigating Officer between 9 a.m. and 11 a.m. on every Saturday for a period of two months or until the filing of the final

report whichever is earlier.

The applicant shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

He shall not commit any offence while on bail.

He shall not leave the State of Kerala without the permission of Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and

pass appropriate orders in accordance with the law.