Shajahan vs State Of Kerala

Ziyad Rahman A.A, J

This is an application filed under Section 439 of Code of Criminal Procedure seeking regular bail.

The petitioner is the 2nd accused in Crime No. 492/2023 of Kattappana Police Station which was registered for the offences punishable under Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case is that, on 01.05.2023, at 11.00 p.m, the petitioner along with the 1st accused were found by the Sub Inspector of Kattappana Police Station, in possession of 2.650 Kg of Ganja near Chenaatmattam junction, Kattappana. The crime was registered in such circumstances and the arrest of the petitioner was recorded on the same day. Since then, the petitioner has been in judicial custody. This application for regular bail is submitted in such circumstances.

Heard, Sri. K. Rajesh Kannnan, the learned counsel appearing for the petitioner and Smt.Sreeja V, the learned Public Prosecutor, appearing for the State.

The learned counsel for the petitioner submits that, the petitioner is innocent of all the allegations. According to him, the recovery was affected from a bag held by the 1st accused and the petitioner does not have any role in the same. The petitioner was not aware of the fact that, the 1st accused was carrying Ganja. The petitioner submits that he is ready and willing to cooperate with the investigation and shall abide by any conditions that may be imposed by this Court.

On the other hand, the learned Public Prosecutor would oppose the aforesaid application by pointing out that, both these accused were travelling together with Ganja and the petitioner was aware of the contents of the bag which was held by the 1st accused. The matter is under investigation. However, it is pointed out that the petitioner is not involved in any other cases.

I have gone through the records. It is true that, as per the prosecution case, the petitioner transported the contraband article along with the 1st accused. However, the specific contention put forward by the learned counsel for the petitioner is that, the contraband article was found in possession of the 1st accused and the petitioner was not aware of the fact the 1st petitioner was carrying the contraband article. Anyhow, the matter is being investigated and the petitioner has been in custody since 01.05.2023 onwards and more than two months have been elapsed. The quantity involved comes under the intermediate quantity and the petitioner does not have any criminal antecedents as well.

In such circumstances, I do not find any necessity to keep the petitioner under judicial detention. Accordingly, this application is allowed on the following conditions:-

i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.

ii) The petitioner shall fully co-operate with the investigation.

iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Wednesday until the filing of the final report.

iv) The petitioner shall also appear before the Investigating Officer as and when required by him.

v) The petitioner shall not commit any offence of similar nature while on bail.

vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

vii) The petitioner shall not leave the State of Kerala without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with law.