Muhammed Aslam vs State Of Kerala

A. Badharudeen, J

This is an application for regular bail filed by the second accused in crime No.41/2022 of Railway Police Station, Palakkad, where accused Nos.1 to 4 alleged to have committed offences under Section 20(b)(ii)(B) and 29 of the the Narcotic Drugs and Psychotropic Substances Act, 1985.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

The prosecution case in a nutshell is that at about 1.30 p.m. on 06.12.2022, accused Nos.1 to 4 were found in possession of 6.050 kg of Ganja while transporting the same through the platform No.2 of Junction Railway Station, Palakkad. Accordingly, they were nabbed and the contraband was taken into custody.

It is submitted by the learned counsel for the petitioner that as per order in BA Nos.285 and 288 of 2023 dated 18.01.2023, this Court granted bail to accused Nos.1 and 3, after releasing them on interim bail earlier, taking note of the fact that the accused are students and they would have to attend the examination.

In the present case also, interim bail was granted to the petitioner as per order dated 03.01.2023.

The learned Public Prosecutor opposed bail while conceding the fact that accused Nos.1 and 3 were granted bail as submitted by the learned counsel for the petitioner. The learned Public Prosecutor also conceded that other accused were also released on interim bail for the purpose of writing examination.

The quantity involved in this case would come to 6.050 kg of Ganja, an intermediate quantity. Since the petitioner is having no antecedents and taking note of the progress of the investigation and grant of bail to accused Nos.1 and 3, there is no reason to deny bail to the petitioner also.

Therefore, I am inclined to grant bail to the petitioner on the following conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Special court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The petitioner shall appear before the Investigating Officer as and when directed.

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

v. The petitioner shall surrender his passport before the Special Court on the date of execution of the bail bond, since he is on interim bail. If he has no passport, he shall file affidavit to that effect.

vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported to came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.