Abhilash vs State Of Kerala
2022 Latest Caselaw 10670 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                    BAIL APPL. NO. 7872 OF 2022
Crime No.39/2022 of Excise Enforcement & Anti Narcotic Squad,
                          Kollam District
AGAINST THE ORDER/JUDGMENT CRMC 1836/2022 OF DISTRICT COURT &
                       SESSIONS COURT,KOLLAM
PETITIONER/ACCUSED:

          ABHILASH
          AGED 32 YEARS
          S/O. ANANDHAN, ANEESH BHAVANAM, VELAMKONAM,
          KERALAPURAM, KOTTAMTKARA VILLAGE, KOLLAM , PIN -
          691001
          BY ADVS.BIJU .C. ABRAHAM
          THOMAS C.ABRAHAM

RESPONDENT/STATE:

          STATE OF KERALA
          REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF
          KERALA, KOCHIN, PIN - 682031
          BY ADV PUBLIC PROSECUTOR

OTHER PRESENT:


          PP - SRI. M.C.ASHI


    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 21.10.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A. No.7872 of 2022               :2:




                        VIJU ABRAHAM, J.
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                       B.A. No.7872 of 2022
         -- -- -- -- -- -- -- -- -- -- -- -- --
              Dated this the 21st day of October, 2022

                                   ORDER

This is an application for regular bail.

2. The petitioner is accused No.2 in Crime No.39/2022 of

Excise Enforcement & Anti Narcotic Squad, Kollam District,

alleging commission of offences punishable under Sections 20(b)

(ii)B and 29 of the Narcotic Drugs and Psychotropic Substances

Act.

3. The prosecution allegation is that, on 28.08.2022 at 1.45

am, accused Nos. 1 & 2 werefound transporting 10 Kgs of ganja in

an auto rickshaw bearing registration No. KL-02/AS-5517. The

Excise Circle, Excise Enforcement and Anti Narcotic Special

Squad, Kollam and his party intercepted the vehicle near

Punukkannoor Service Co-operative Bank and seized the

contraband and thus the accused have committed the aforesaid

offences.

4. The learned counsel for the petitioner submitted that the

petitioner has been falsely implicated in the above said crime. It is

also submitted that the petitioner is in custody from 28.08.2022

onwards. It is the case of the petitioner that he is an auto rickshaw

driver by profession and two un-known persons hired the auto

rickshaw to have journey from Keralapuram junction to the 2 nd

Mile Stone junction and when the auto rickshaw reached TKMC

junction, the Excise Enforcement stopped the auto rickshaw and

searched baggage of the passengers. The passengers ran away

and the petitioner was arrested and made an accused. It is further

submitted that the petitioner has no other criminal antecedents.

5. The learned Public Prosecutor opposed the bail application

mainly contending that large quantity of contraband was seized

from the petitioner but submitted that he has no other criminal

antecedents.

6. Having regard to the facts and circumstances of the case,

considering the nature of the allegations and considering the fact

that the petitioner is a first time offender and he is in custody from

28.08.2022 onwards, I am inclined to grant bail to the petitioner

subject to stringent conditions. In the result, the bail application is

allowed. It is directed that the petitioner shall be released on bail,

subject to the following conditions:

(i) The petitioner shall execute a bond for a sum

of Rs.50,000/- (Rupees fifty thousand only) with

two solvent sureties each for the like-sum to the

satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the

investigating officer in Crime No.39/2022 of

Excise Enforcement & Anti Narcotic Squad,

Kollam District on every Saturday at 11 am, until

further orders;

(iii) The petitioner shall not attempt to interfere

with the investigation or to influence or

intimidate any witness in Crime No.39/2022 of

Excise Enforcement & Anti Narcotic Squad,

Kollam District;

(iv) The petitioner shall not leave the State

without obtaining prior permission from the

jurisdictional Court;

(v) The petitioner shall not involve in any other

crime while on bail.

If any of the aforesaid conditions are violated, the

investigating officer in Crime No.39/2022 of Excise Enforcement &

Anti Narcotic Squad, Kollam District may file an application before

the jurisdictional court, for cancellation of bail.

Sd/-

VIJU ABRAHAM JUDGE sm/