Muhammed Sareesh vs State Of Kerala And Ors

This is an application seeking regular bail under Section 439 Cr.PC.

The applicant is the second accused in Crime No.101 of 2021 of Balussery Police Station for having allegedly committed an offence punishable under Section 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case, in brief, is that on 03-02-2021, while the police party was on vehicle inspection duty at about 11.45 a.m., the accused were found to be travelling in Maruti Alto Car bearing registration No. KL 18D 5408. On the interception, they were found carrying 4.255 Kgs of Ganja inside the car. They were apprehended. While the applicant was being taken to the Magistrate for remand, he allegedly escaped from the custody. Consequently, Crime No.105/2021 was registered against the applicant for that and ultimately, he was apprehended on 11.2.2021 and since then he is in custody.

The applicant states that he is innocent and the allegations are not true and that he has no other criminal antecedents and therefore seeks bail.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor admits that the applicant has no criminal antecedents. But the incident of escaping from the custody while he was being taken for remand before the Magistrate indicates the propensity of the applicant to flee from justice. Under the circumstances, in case he is released on bail, there is every possibility that he may again flee from justice. Hence, the bail application is vehemently opposed.

Considering the arguments on both sides, I find that the applicant was subsequently apprehended on 11.2.2021 even though he escaped from custody, while he was being taken for remand. He has been in custody from 11.2.2021 onwards. Considering the fact that he was only in possession of an intermediary quantity of Ganja, the rigour under Section 37 of the NDPS Act is not attracted, and hence, he is entitled to be released on bail under certain conditions.

In the result, the Bail Application is allowed and the applicant is directed to be released on bail on execution of a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on the following conditions:

(i) He shall appear before the investigating officer on all Wednesdays and Saturdays between 9 a.m. and 12 noon for a period of three months.

(ii) He shall not attempt to influence or intimidate the witnesses or tamper with evidence.

(iii) He shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.