Kerala High Court
Arun Raj vs State Of Kerala on 18 June, 2021
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 18TH DAY OF JUNE 2021 / 28TH JYAISHTA, 1943
BAIL APPL. NO. 4480 OF 2021
CRIME NO.357/2021 OF EDATHUA POLICE STATION, ALAPPUZHA
PETITIONER/S:
1 ARUN RAJ
AGED 25 YEARS
S/O.RAJAGOPAL, RESIDING AT THAKIDIVELIYIL HOUSE,
PATHIRAPPALLY, ALAPPUZHA SOUTH, ALAPPUZHA DISTRICT.
2 JINSHAD
AGED 23 YEARS
S/O.ABDUL HAMEED, RESIDING AT PUTHUVAL PURAYIDAM, SEA
VIEW WARD, ALAPPUZHA SOUTH, ALAPPUZHA DISTRICT.
BY ADV ABDUL JALEEL.A
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
2 THE STATION HOUSE OFFICER
EDATHWA POLICE STATION, ALAPPUZHA DISTRICT.
OTHER PRESENT:
SMT.V.SREEJA-PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.06.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4480 OF 2021
2
O R D E R
Dated this the 18th day of June, 2021 This is an application for regular bail under Section 439 of the Cr.P.C.
2. The applicants are accused 1 and 3 in Crime No.357/2021 of Edathua Police Station for having allegedly committed the offences punishable under Sections 20(b)(ii)A and 22(b) of the Narcotic Drugs and Psychotropic Substances Act (for short "NDPS Act").
3. The prosecution case, in brief, is that on 06.05.2021 the applicants were allegedly travelling in a car bearing Reg.No.KL-07-M-8784 and by about 11.55 AM, they were intercepted by the police and on inspection, the 1st accused was found to be in possession of 1.6 grams of Amphetamine and the 3rd accused was found to be in possession of 0.750 grams of Amphetamine. 425 grams of BAIL APPL. NO. 4480 OF 2021 3 dried Ganja was also seized from the possession of the 5th accused. They were all arrested and remanded to judicial custody.
4. The applicants state that they are innocent and the allegations are not true and that they have been falsely implicated, and therefore, they seek regular bail, considering the fact that they were only in possession of a small quantity of drugs, which entitles them to get bail.
5. Heard the learned Counsel for the applicants and the learned Public Prosecutor.
6. Even though the prosecution is that altogether 6.30 grams of Amphetamine was seized from all the accused together, Section 29 of the NDPS Act is not incorporated and these psychotropic substances were seized from the personal possession of each of the accused. Under the circumstances, there is serious doubt whether the quantity seized would amount to intermediary quantity. In case they are only in possession of a small quantity, they are BAIL APPL. NO. 4480 OF 2021 4 entitled to bail. Considering the materials available at present, I find that the applicants are entitled to bail. As a result, the bail application is allowed and the applicants are directed to be released on bail on the execution of a bond for Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:
i)They shall appear before the investigating officer on all Saturdays between 9.00 AM and 12.00 noon for a period of two months or till the final report is filed, whichever is earlier;
ii) They shall not attempt to influence or intimidate the witnesses; and
iii) They 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 BAIL APPL. NO. 4480 OF 2021 5 of the bail before the jurisdictional Court.
Sd/-
ASHOK MENON JUDGE dkr