Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943 Bail Appl..No.1968 OF 2021 CRIME NO.42/2021 OF Kolathur Police Station , Malappuram PETITIONER/S: 1 ABDUL MUJEEB AGED 35 YEARS SON OF UMMER HAJI, PALLATHODI HOUSE, PULINKAVU, CHERUKARA P.O., 2 JAFFAR HUSSAIN AGED 30 YEARS SON OF ABDUL KHADER JEELANI, PARANTHODAN HOUSE, VADAKKAN PALOOR, PULAMANTHOL P.O., BY ADV. SRI.K.RAKESH RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 2 THE STATION HOUSE OFFICER AGED -1 YEARS KOLATHUR POLICE STATION, OTHER PRESENT: SMT.V.SREEJA-PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 31st day of March 2021 This is an application seeking regular bail under Section 439 Cr.PC.
2. The applicants are accused 2 and 3 in Crime
No.42/2021 of the Kolathur Police Station, Malappuram for having allegedly committed an offence punishable under Section 20(b) (ii)B read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act.
3. The prosecution case, in brief, is that on 6-2-2021 at
about 8.00 p.m., the applicants along with the first accused were found to be in possession of 4.050 Kgs of Ganja while they were transporting it on a scooter bearing Regn.No.KL-53/R 6279. The applicants were arrested on the said date and remanded to judicial custody. They continue to be in remand. The applicants state that they are innocent and the allegations are not true and that they
have been in custody for a fairly long time and therefore, they pray that may be released on bail.
4. Heard the learned counsel for the applicants and the learned Public Prosecutor.
5. The learned Public Prosecutor points out that both the
applicants have criminal antecedents for having got involved in cases punishable under Sections 388, 392 etc. in the year 2015, 2017, 2018 and 2019. The second applicant was also involved in an NDPS Act case for being in possession of a small quantity of Ganja. Under the circumstances, the application for bail is vehemently opposed by the learned Prosecutor.
6. After having considered the submissions on both sides,
I find that the second accused was involved in two crimes of the years 2015 and 2018. The NDPS Act crime was of the year 2015 and in 2018, it was for an offence of theft punishable under Section 380 IPC. The third accused was involved in two crimes in the
years 2017 and 2019 for IPC offences. The applicants are in custody since 6.2.2021 and have completed nearly 54 days in remand. The rigour under Section 37 of the NDPS Act is not attracted because the contraband seized from the applicants is not commercial quantity. Under the circumstances, I find that no purpose would be served by further detention of the applicants. In the result, the Bail Application is allowed and the
applicants are directed to be released on bail on 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 and on the following conditions:
(i) They 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 the final report, whichever is earlier.
(ii) They shall not attempt to influence or intimidate the witnesses or tamper with evidence.
(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 of the bail before the jurisdictional court. Sd/- ASHOK MENON JUDGE jg