Febin Freddy vs State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 BAIL APPL. NO. 7456 OF 2022 AGAINST THE ORDER/JUDGMENTCRMP 2592/2022 OF DISTRICT COURT & SESSIONS COURT,THRISSUR CRIME NO.245/2022 OF KORATTY POLICESTATION PETITIONER/7TH ACCUSED: FEBIN FREDDY,S/O.FREDDY, AGED 28 YEARS NEDIYAPARAMIL HOUSE, PERUMPILLY, NJARAKKAL P.O., VYPIN, ERNAKULAM, PIN - 682505 BY ADVS. MEREENA.J.JOSEPH DIASTUS KOMATH RESPONDENT/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER KORATTY POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SR.PP - SMT. SEETHA S. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA No.7456 of 2022 2

VIJU ABRAHAM, J.

B.A.No.7456 of 2022 Dated this the 6th day of October, 2022

ORDER

This is an application for regular bail.

2. Petitioner is arrayed as the 7th Accused in Crime

No.245/2022 of Respondent Police Station, alleging commission of offence punishable under Sections 20 (b)ii) C 27 A r/w Section 29 of Narcotic Drugs and Psychotropic Substances Act 1985 and Section 34 of Indian Penal Code 1860. The allegation in the Crime is that the Accused 1 to 3 had transported total 10.630 kgs of Hashish oil for the purpose of sale through Thrissur - Angamaly road on 02/03/2022. The specific allegation is that the 1st Accused is the owner in possession of car bearing Registration No. KL 08 Y 2626 and TN 32 U 4199, and the 2nd and 3rd Accused were the drivers of the respective car and 1.638 Kg of Hashish Oil was recovered from the car bearing Registration No. KL 08 Y 2626 and 8.992 Kilo grams of Hashish Oil were recovered from the car bearing Registration No. TN 32U 4199. Accused 1 to 3 were arrested on 02/03/2022 and is in

BA No.7456 of 2022 3 judicial custody. Thereafter on investigation, the investigating officer found that Accused 4 to 6 had transterred an amount of Rs. 2,18,000/- to the 1st Accused on different dates. Upon which Accused 4 to 6 were arrested on 07/08/2022 and are in judicial custody.

3. Petitioner submits that he is arrested on 08.08.2022 and

he is in custody since then. Though he moved an application for bail before the Sessions Court , the same was rejected as per Annexure A2 order. Learned public prosecutor seriously opposed the application for bail. Accused nos. 1 to 3 were arrested while they were attempting to transport 10.630 kg of Hashish oil in two vehicles. Altogether nine persons have been arrayed as accused in the said crime. The search and seizure was done complying with the provisions of the NDPS Act. As against accused nos. 1 to 3 charge sheet is already laid. The investigation so far conducted including the bank account details of the accused revealed that accused nos. 4 to 8 have financed the alleged commission of the offfence. There is monetary transaction by the petitioner with the 4th, 6th and 7th accused. The investigation is going on and the learned public prosecutor prayed that the petitioner shall not be granted bail.

4. The investigation in the case is going on. The alleged contraband is admittedly of a commercial quantity. Investigation so BA No.7456 of 2022 4

far conducted shows the involvement of the petitioner in the present crime. Since the quantity involved is a commercial one, the rigor of Section 37 of the NDPS Act will come into play. The petitioner could not substantiate by cogent reasons that the twin conditions in Section 37 of the Act are satisfied so as to grant bail to the petitioner at this stage.

Bail application is accordingly dismissed. Sd/- VIJU ABRAHAM JUDGE cks