IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 11TH MAY 2010 / 21ST VAISAKHA 1932 Bail Appl..No. 2654 of 2010() CRIME No.245/2010 of Balussery Police Station, Kozhikode District ----------------------------- PETITIONER/ACCUSED :- -------------------------------------- MUJEEB, S/O.UMMER, AGED 26 YEARS, DRIVER, CHELPPALA HOUSE, ADIVARAM.P.O, KOZHIKODE DISTRICT. BY ADV. MR.P.M.HABEEB RESPONDENT/COMPLAINANT :- -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (STATION HOUSE OFFICER, BALUSSERRY POLICE STATION, KOZHIKODE DISTRICT). PUBLIC PROSECUTOR MR.I.V.PRAMOD THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. ================ B.A. No. 2654 of 2010 ================ Dated this the 11th day of May, 2010 O R D E R This is a bail application filed by the accused in Crime No. 245 of 2010 of Balussery Police Station, Kozhikode District under section 439 of Cr.P.C. 2. The allegation against the petitioner is that on April 9, 2010 at 8.15 hrs. he was found in possession of 4.9 k.gms. of Ganja in front of Arapeedika Petrol Bunk in Balussery junction and thereby committed offence punishable under section 20(b) II(B) of NDPS Act. He was arrested on the spot and is in remand thereafter. The Special Judge (NDPS) Act Cases, Vadakara rejected his bail application. 3. It is alleged in the petition that the petitioner is B.A. No. 2654 of 2010 -2- innocent of the offence alleged against him and that he is only an autorickshaw driver, that the contraband article belonged to the one passenger who came there in his autorickshaw and that if he is released on bail, he is ready to abide by the conditions that may be imposed by this Court. 4. Notice given to the learned Public Prosecutor. This petition is opposed by the learned Public Prosecutor. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. For the following reasons, I am inclined to grant bail to the petitioner. The case of the prosecution is that the petitioner was found in possession of 4.9 k.gms. of Ganja near the petrol bunk at Arapeedika in Balussery junction. But the specific case of the petitioner is that he is an autorickshaw driver. He produced the copy of his driving license. The counsel for the petitioner submitted that the contraband article seized by the police belongs to a B.A. No. 2654 of 2010 -3- passenger in his autorickshaw and that the petitioner has no connection with the same. On going through the CD, it is revealed that nothing is mentioned about the autorickshaw. No seizure mahazar was also prepared for the seizure of the autorickshaw. The learned Public Prosecutor submitted that subsequently the autorickshaw was produced before the Magistrate. Taking into consideration all these aspects and in the circumstances of the case, I feel that the petitioner can be released on bail subject to conditions. 7. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioner shall appear before the Investigating Officer as and when ordered. B.A. No. 2654 of 2010 -4- 2) The petitioner shall not commit similar offence while on bail. 3) The petitioner shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. If the petitioner violates any of the above conditions, the lower court can cancel his bail. P.Q. BARKATH ALI, JUDGE. jvt