Alan George vs State Of Kerala
2021 Latest Caselaw 12929 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
       MONDAY, THE 14TH DAY OF JUNE 2021 / 24TH JYAISHTA, 1943
                       BAIL APPL. NO. 4630 OF 2021
           (CRIME NO.181/2021 OF THENMALA POLICE STATION)
   AGAINST THE ORDER/JUDGMENT IN CRMC 939/2021 OF DISTRICT COURT &
                      SESSIONS COURT,KOLLAM, KOLLAM
PETITIONER/S:

           ALAN GEORGE,
           AGED 27 YEARS
           S/O.GEORGE, CHARUVILA PUTHEN VEEDU, KALLUMALA, PUNALUR.

           BY ADVS.
           BINDUMOL JOSEPH
           B.S.SYAMANTHAK
           B.SHAMNAD
           SRIVIDYA K



RESPONDENT/S:

           STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
           ERNAKULAM - 682 031.


OTHER PRESENT:

           SMT.V.SREEJA-PP



THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.06.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4630 OF 2021
                                      2



                                    ORDER

This is an application for regular bail under Section

439 of the Cr.P.C.

2. The applicant is the 3rd accused in Crime

No.181/2021 of Thenmala Police Station for having allegedly

committed an offence punishable under Section 20(b)(ii)(B)

of the Narcotic Drugs and Psychotropic Substances Act,

1985.

3. The prosecution case, in brief, is that on

16.03.2021 at about 8.40 AM, the applicant and two others

were apprehended at Aryankavu Check Post and were found

transporting 3.410 kgs. of Ganja and they were remanded to

judicial custody. The applicant continues in remand.

4. The applicant states that he is innocent and the

allegations are not true and that he has been falsely

implicated in this case.

5. Heard the learned Counsel for the applicant and the BAIL APPL. NO. 4630 OF 2021

learned Public Prosecutor.

6. The learned Public Prosecutor admits that the

applicant has no other criminal antecedents. Considering

the fact that the quantity involved is not commercial and

also the fact that the applicant has no criminal

antecedents, further incarceration of the applicant may not

be necessary.

As a result, the bail application is allowed and the

applicant is directed to be released on bail on the

execution of a bond for Rs.50,000/- (Rupees fifty thousand

only) with two solvent sureties each for the like amount to

the satisfaction of the jurisdictional court, on the

following other conditions:

i) He shall appear before the investigating officer as and

when called and shall cooperate with the

investigation;

ii) He shall not attempt to influence or intimidate the

witnesses; and BAIL APPL. NO. 4630 OF 2021

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 apply for cancellation

of the bail before the jurisdictional Court.

Sd/-

ASHOK MENON JUDGE

dkr