Benny vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is accused No.2 in Crime No.31/2021 of Kollam Excise Range alleging commission of offences punishable under Sections 20(b)(ii)(B), 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The prosecution allegation is that, on 04.09.2021, at around 8 pm, near Mamoodu juma Masjid, the police intercepted a motor cycle No.KL2/BP-5141, in which the 1st accused was found in possession of 1.506 Kg of Ganja and seizure of contraband and vehicle was effected. It was further alleged that, on further investigation it was revealed that the 2nd accused, the petitioner herein, is the owner of the motor vehicle and he entrusted the ganja to the 1st accused for sale.

The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime. It is also submitted that the petitioner was arrested on 02.06.2022 and he is in custody since then. It is the case of the petitioner that the motor bike involved in the alleged incident was pledged to the 1st accused due to urgency of money for treatment of his mother and ever since then the same was used by the 1st accused for his personal use. It is further submitted that there is a delay of more than 10 months in arresting the petitioner.

The learned Public Prosecutor opposed the application for bail mainly contending that as per the confession statement of the 1st accused, it was the petitioner who entrusted the contraband to him for sale. It is further submitted that the petitioner is involved in other three cases of similar nature and that the petitioner could not be arrested in the present case only for the reason that he was absconding. It is also submitted upon instructions that the charge sheet is already laid.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 02.06.2022 onwards, I am inclined to grant bail to the petitioner. Considering the antecedents of the petitioner, he can be granted bail only on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

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

(ii) Petitioner shall appear before the investigating officer in Crime No.31/2021 of Kollam Excise Range on every Saturday at 11 am, till completion of the trial;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.31/2021 of Kollam Excise Range;

(iv) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.31/2021 of Kollam Excise Range may file an application before the jurisdictional court, for cancellation of bail.