Jaseed vs State Of Kerala

Viju Abraham, J

These are applications for regular bail.

B.A.No.285 of 2023 is filed by the 3rd accused whereas B.A.No.288 of 2023 is filed by the 1st 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 1.30 p.m. 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.

Petitioners submit that they have been falsely implicated in the abovesaid crime and that they are in custody from 06.12.2022 onwards. It is submitted that petitioners are college students and that they have no other criminal antecedents. Learned counsel for the petitioner submitted that the 4th accused in the abovesaid crime has already been granted bail by this Court as per order in B.A.No.10628 of 2022.

Learned Public Prosecutor opposed the application for bail mainly contending that large quantity of contraband was seized from the possession of the petitioners, but submitted that the petitioners have no other criminal antecedents.

Considering the facts and circumstances of the case and the detention of the petitioners from 06.12.2022 onwards and also taking note of the fact that the petitioners are college students and have no other criminal antecedents, I am inclined to grant bail to them on the following conditions.

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

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

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

(v) They 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.