Sawrav vs State Of Kerala

Raja Vijayaraghavan V, J

The above captioned application seeking regular bail is filed under Section 439 of the Code of Criminal Procedure ( “Code†for short) by the

2nd accused in Crime No.836 of 2021 of the Kottarakkara Police Station, registered inter alia under Sections 20(b)(ii)(B) of the Narcotic Drugs and

Psychotropic Substances Act ( for short, NDPS Act).

2. The prosecution alleges that on 09.05.2021 at about 1.30 p.m., while the Sub Inspector of Police, Kottarakkara and his party were routinely

checking vehicles at Kottapuram junction near Kottarakkara, an Innova Car bearing Registration No. KL-11/AJ-3796 reached the spot. The vehicle

was being driven by the 1st accused and the applicant , who is the registered owner, was allegedly sitting beside him. On seeing the police personnel,

they reversed the vehicle and drove towards Kottarakkara. The police gave them a hot chase and it is alleged that the accused abandoned the vehicle

at Decentmukku and fled from the scene. The vehicle was searched and about 4 kg of ganja was found on the backside. The contraband as well as

the vehicle were seized and the crime was registered.

3. In the course of investigation, it was allegedly revealed that the 3rd accused was the financier who used to employ the 4th accused to procure

the contraband from out of State. A report was submitted arraying accused Nos.3 and 4.

4. Sri. K.V.Anil Kumar, the learned counsel appearing for the applicant submitted that the petitioner was not inside the car at the relevant point of

time. He contends that when the applicant received information that his vehicle was seized, he appeared before the Investigation Officer and

produced the records of the vehicle. However, in order to save the actual culprits, the applicant herein was roped in as an accused. It is contended

that the applicant was unaware of the doings of the 1st accused and according to the learned counsel, the vehicle was used for nefarious purposes

without his knowledge or connivance.

5. The learned Public Prosecutor has opposed the prayer. It is submitted that the investigation conducted till date clearly points to the involvement of

the applicant in the aforesaid crime.

6. I have considered the submissions advanced and have perused the materials which are made available. The quantity of contraband seized is 4 kg

which falls within the category of ‘intermediate quantity’. The applicant has been in custody from 09.05.2021 onwards. The investigation in the

instant case appears to have progressed to the end stages. Having considered all the relevant aspects, including the nature of accusations, the role

assigned to the applicant the severity of the punishment which conviction would entail, the reasonable possibility of securing his presence at the stage

of trial and other factors, I am of the view that the further detention of the applicant in custody is not necessary. He can be granted bail by imposing

appropriate conditions.

In the result, this application will stand allowed, however, it shall be subject to the following conditions:

1. The applicant shall be released on bail on his executing a bond for Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties each for the like sum to

the satisfaction of the court having jurisdiction.

2. The applicant shall appear before the Investigating Officer between 9 a.m. and 11 a.m. on every Saturday for a period of two months or until the filing of the final

report whichever is earlier.

3. The applicant shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

4. He shall not commit any offence while on bail.

5. He shall not leave the State of Kerala without the permission of Court having jurisdiction

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and

pass appropriate orders in accordance with the law.