Kerala High Court
Fayas Abdulla vs State Of Kerala on 9 April, 2021
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
Bail Appl..No.2808 OF 2021
CRIME NO.99/2021 OF Cheranelloor Police Station, Ernakulam
PETITIONER/S:
FAYAS ABDULLA
AGED 22 YEARS
KUREEKKATTUPARAMBIL HOUSE, PALLIMATTOM,EDAYAR,
KADUNGALLOOR VILLAGE
683502
BY ADVS.
SRI.DINESH MATHEW J.MURICKEN
SRI.N.R.SANGEETHA RAJ
SRI.VINOD S. PILLAI
SMT.SREELAKSHMI R.
SHRI.MOHAMMED THAYIB N.M.
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA
682031
SMT.V.SREEJA-PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA 2808/2021
-2-
O R D E R
Dated this the 9th day of April 2021 This is an application seeking regular bail.
2. The applicant is the second accused in Crime No.99/2021 of Cheranalloor Police Station for having allegedly committed offences punishable under Sections 20(b) (ii) (A) 22(c) and 29 of the Narcotics and Psychotropic Substances Act, 1985.
3. The prosecution case, in brief, is that the applicant and the co- accused were apprehended by the Police on 1.3.2021 at about 23.47 hours and they were found to be in possession of 6.9 grams of Ganja and 0.090 grams of LSD stamps while they were travelling on a motorcycle bearing Regn.No.KL-41-L-1583. They were arrested on 1.3.2021 and remanded to judicial custody. The applicant states that the allegations are not true and that the quantity involved is only intermediary and small BA 2808/2021 -3- quantity and therefore, the applicant seeks bail as he has no other criminal antecedents and he is only 22 years of age.
4. Heard the learned counsel for the applicant and the learned Public Prosecutor.
5. The quantity of LSD stamps involved is only 0.090 grams and to make a commercial quantity, it needs to be 0.100 grams of LSD. The Ganja seized from the accused is only a small quantity. Under the circumstances, I find that the rigour under Section 37 of the NDPS Act is not attracted. Moreover, there is no record of the applicant having any criminal antecedents.
6. In view of the above, the Bail Application is allowed and the applicant is directed to be released on bail on the 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 Saturdays between 9 a.m. and 12 noon for a period of two months or till the filing of BA 2808/2021 -4- the final report, whichever is earlier.
(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 approach the jurisdictional court seeking cancellation of the bail.
Sd/-
ASHOK MENON JUDGE jg