Shihabudheen vs State Of Kerala

K.Haripal, J

Petitioner, the 2nd accused in Crime No.135 of 2021 of Wandoor police station in Malappuram district is before Court under Section 439 of the

Cr.P.C.

The crime was registered on 30.06.2021 after seizing 9.550 kilograms of ganja from the possession of the petitioner and two others while they were

travelling in a car bearing registration No. KL-10-AT-3616. They were apprehended on the Vaniyambalam - Amarambalam road. Since the date of

arrest, the petitioner is in judicial custody.

I heard the learned counsel on both sides.

This is the second application for bail moved by the petitioner, after the dismissal of the first application on 06.08.2021. The petitioner is in judicial

custody for the last 55 days. The version of the petitioner is that, he was a bonafide passenger of the car, that he has no nexus whatsoever with the

contraband. Anyhow, that is a matter to be investigated upon.

The allegation of the prosecution is that, he along with two others was carrying 9.550 kilograms of ganja, so that offence under Section 20(b)(ii)B of

the Narcotic Drugs and Psychotropic Substances Act is attracted.

The learned Public Prosecutor submits that the investigation could not yet lead to the source of the contraband. Anyhow, the petitioner is in custody

for the last 55 days. In the circumstances, further detention is not warranted. The petitioner does not have criminal antecedents also.

Therefore, the petitioner shall be released on bail on the following conditions:-

i) Petitioner shall execute bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional

court;

ii) He shall not try to contact or influence the witnesses or tamper with the evidence;

iii) He shall not leave the country without permission of the jurisdictional court;

iv) He shall not involve in any crime during the period on bail;

v) He shall appear before the Investigating Officer/ trial Court as and when required;

vi) Petitioner shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid

19 pandemic;

vii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail, in accordance with law.

Bail Application is allowed as above.