IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Bail Appl..No. 4522 of 2010() ----------------------------------------- CRIME NO.1231/2010 OF HILL PALACE POLICE STATION, ERNAKULAM DIST. .............. PETITIONER/ACCUSED NOS. 1 & 2 ------------------------------------------------- 1. SAJAD,AGED 45 YEARS,S/O.KONDALAM, PUTHUKKADAN HOUSE,REYONPURAM.P.O,PERUMBAVOOR, ERNAKULAM DISTRICT. 2. MUJEEB,AGED 37 YEARS, S/O.T.H.ABDUL KAREEM,THUKALIL HOUSE,MUDICKAL.P.O, PERUMBAVOOR,ERNAKULAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLIC,PERUMBAVOOR POLICE STATION, ERNAKULAM DISTRICT,REPRESENTED BY P.PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No.4522 of 2010 ------------------------------------ Dated this the 18th day of August, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 20(b) II (B) of the NDPS Act. According to prosecution, on 29.06.2010 at about 6.15 p.m., the police officials got reliable information that ganja was being transported from Muvattupuzha side in a Qualis car bearing registration No. KL-07/AC-3837. The police party reached Thiruvamkulam at about 6.45 p.m. and started inspecting the vehicles. While so at 7 p.m., the Qualis car was found parked by the side of the road and accused nos.1 and 2 were seen holding bags. They were questioned and in the presence of the Circle Inspector, search was conducted at about 8 p.m. A total quantity of 6.210 kgs of ganja were seized from the possession of the accused and they were arrested at 8.15 p.m. A crime was also registered by the police on the same day at 10 p.m. 3. Learned counsel for petitioner submitted that this case is falsely foisted against petitioners. They were actually found by the police in a drunken state on the previous day of the alleged search B.A. No.4522 / 2010 2 in this case. On 28.06.2010 at about 11.30 p.m. while petitioners were proceeding in the car, they were taken into custody by the police. No case was registered against them but they were illegally detained in the Muvattupuzha Police Station. On knowing about this, the second accused's brother went to the Muvattupuzha Police Station and made enquiries about the illegal detection. He was told that the accused would be implicated in some cases yet to be registered and on apprehension that the powers will be misused by police and false case will be registered against petitioners, the second accused's brother sent a complaint(Annexure A) to the Director General of Police, Law and Order, Thiruvananthapuram on the very next day. 4. Since registered letters cannot be sent from Peruvambavoor Post Office after 2 p.m., second accused's brother went to the Ernakulam Head Post Office and sent Annexure A complaint by registered post. Annexure B is the Postal receipt, which will show that the letter was sent on 29.06.2010 at 6.38 p.m. ie., much before the alleged detention of the crime in this case. It is pointed out by the learned counsel for petitioner that B.A. No.4522 / 2010 3 going by the present allegations made by the prosecution, petitioners were found by the police only at 7 p.m. on 29.06.2010. Petitioners are in custody for the past 50 days. Investigation is not yet completed. By the lapse of 60 days, petitioners will be entitled for statutory bail, it is further submitted. 5. This petition is strongly opposed. Learned Public Prosecutor submitted that this is not a false case. The Circle Inspector of Police had gone to the scene for compliance of Section 50 of the NDPS Act. The Seizure was effected from the spot. The body search was also conducted in the presence of the Circle Inspector and the investigation is still in progress. The ganja involved is about 6 kgs. 6. On hearing both sides and on going through the case diary, it is seen that the crime was registered at 10 p.m. on 29.06.2010. But Annexures A and B documents will prima facie reveal that much prior to the registration of the crime and the alleged detection of the crime, at 6.38 p.m. on 29.06.2010 a complaint was sent by the second accused's brother to the DGP, Thiruvananthapuram indicating there is every chance for false implication of the petitioners in cases under the Abkari Act or the NDPS Act. It is B.A. No.4522 / 2010 4 alleged in Annexure A complaint that petitioners were taken into custody on the previous day of the alleged detection of the crime in this case and that the petitioners were illegal detection in custody etc. As pointed out by the petitioners counsel, even prior to the detection of the crime by the police a complaint was already sent to the DGP by the second accused's brother complaining about illegal detention and chances for false implication as revealed from Annexures A and B. 7. In the above circumstances, I am satisfied that petition has a strong and arguable defence to advance. In case, they are detained in custody for any further period , it will result in gross in justice. Therefore, I am inclined to grant bail to petitioners on conditions and the following order is passed: Petitioners shall be released on bail on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: B.A. No.4522 / 2010 5 i) Petitioners shall report before the Investigating Officer as and when directed and co-operate with the investigation. iii) Petitioners shall not influence or intimidate any witness or tamper with the evidence. This petition is allowed. K. HEMA, JUDGE ln