Betson Antony vs State Of Kerala

Shircy V, J

Application for regular bail filed under Section 439 of the Code of Criminal Procedure.

The petitioner, who is undergoing incarceration in connection with crime No.634/2021 of Malappuram Police Station, registered for the offence punishable under Sections 20(b)(ii)B and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short, NDPS Act), has moved this application for his release on bail under Section 439 of the Code of Criminal Procedure.

The petitioner who is the 3rd accused, has been in custody since 18/10/2021.

The prosecution allegation is that, on 17/10/2021 at about 18.40 hours, the petitioner and three others were found in possession and engaged in transportation of 10.635Kg of ganja concealed in the vehicle bearing registraion No.KL 64 J9605, for the purpose of sale. They were arrested by the SI of Police, Malappuram Police Station with the contraband seized. Thus crime was registered against this petitioner as well as the other accused.

According to the learned counsel, he is totally innocent of the allegations levelled against him. In fact he is a B-tech graduate working as a Cashier in a firm at Kunnamkulam. As part of his employment, he had gone to Malappuram and happened to accept an offer for a lift in the vehicle and thus he was apprehended by the police. He was having absolutely no connection or acquaintance with the other accused persons and he was not in conscious possession of the contraband seized by the police team. Still he is undergoing incarceration.

The learned Public Prosecutor submitted that the investigation of the case is not over, but it is well in progress.

Heard both sides.

The quantity of the contraband involved is 10.635Kg and it is ganja. The prosecution has no case that this petitioner is having any criminal antecedents. As the quantity involved in this case is only 10.635Kg of ganja, the statutory embargo under Section 37 of the NDPs Act is not attracted in the matter of granting bail. Moreover, he is not having any criminal antecedents and now the investigation of the case is nearing completion.

Considering the entire facts and circumstances involved, I am inclined to enlarge him on bail subject to the following conditions:

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction. One surety shall be a close relative of him.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.