Henfin vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 7th accused in Crime No. 245 of 2022 of Koratty Police Station registered alleging commission of offences punishable under Sections 20(b)(ii)C and 27A read with Section 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 34 of Indian Penal Code 1860.

The prosecution allegation is that accused Nos.1 to 3 transported a total quantity of 10.730 Kilograms of Hashish oil for the purpose of sale through the Thrissur-Angamaly road on 02/03/2022. The specific allegation is that the 1st accused is the owner in possession of cars bearing Registration Nos. KL-08- Y-2626 and TN-32-U-4199, and the 2nd and 3rd accused were the drivers of the respective cars, 1.638 kgs of hashish oil was recovered from the car bearing registration No. KL-08-Y-2626 and 8.992 kgs was recovered from the car bearing registration No.TN-32-U-4199. Accused nos. l to 3 were arrested on 02/03/2022 and are in judicial custody.

The petitioner was arrested on the basis of the statement of the co-accused under Section 67 of the NDPS Act. The only allegation against the petitioner is that he financed for the offence. Petitioner was arrested on 07/08/2022 and is in judicial custody.

Learned Public Prosecutor seriously opposed the application for bail mainly contending that commercial quantity of contraband was seized in the present case. The Learned Public Prosecutor further submits that the charge sheet is already laid. The allegation against the petitioner is that he had monetary transactions with the 5th accused and the 4th accused, through the bank account of his wife. Learned public prosecutor further submits that the petitioner is not involved in any other crime and that accused nos. 1 to 3 are already released on bail.

The contraband was seized from the possession of accused nos. 1 to 3. The allegation against the petitioner is that he had monetary transactions with accused nos. 4 and 5. The petitioner has no criminal antecedents and that accused nos. 1 to 3 are now on statutory bail. The petitioner is in custody from 08.08.2022 onwards and the final report has already been laid. Though, I have dismissed the bail applications of the petitioner earlier as per Annexure 1 and 2 order at the investigation stage, now the final report has been filed wherein the role played by the petitioner has been stated. Considering the role attributed to the petitioner and also taking into consideration the fact that the petitioner has no other criminal antecedents, and accused nos. 1 to 3 against whom serious allegations are raised are on statutory bail and that the charge sheet has been laid, I am inclined to grant bail to the petitioner on the following stringent conditions.

(i) The petitioner shall execute a 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) The petitioner shall appear before the investigating officer in Crime No. 245 of 2022 of Koratty Police Station on every first Saturday at 11.00 a.m. till the completion of the trial;

(iii) The petitioner shall not attempt to influence or intimidate any witness in Crime No. 245 of 2022 of Koratty Police Station;

(iv) 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. 245 of 2022 of Koratty Police Station may file an application before the jurisdictional Court, for cancellation of bail.