Junaid Ali P vs State Of Kerala & Anr.

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-arrest bail.

The applicant is the accused No.4 in Crime No.1091/2023 of Kollengode Police Station, Palakkad District. The offence alleged is punishable under Section 20(b)(ii)C of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution case, in short, is that, on 23.12.2023 at about 23.10 hours, the accused No.1 conspired with the applicant through phone and the applicant transported 23.629 kilograms of Ganja in a car bearing registration No.KL-52-U-0248. The accused Nos.1 and 2 received the drug for the purpose of sale and transported them to a coconut grove owned by the accused No.3 at a place called Kizhakkechukkanpathy, Karadikkunnu in Muthalamada Village. On 24.12.2023 at 00.10 hours, the accused Nos.1 to 3 were found in the said coconut grove and they were attempting to transport 23.629 kilograms of Ganja in a Eon Car bearing registration No.KL-10-AL-8858 for the purpose of sale and thereby committed the aforesaid offence.

I have heard Sri.S.Rajeev, the learned counsel for the applicants and Smt.Aneeda Beegum, the learned Senior Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.

The law regarding the grant or refusal of pre-arrest bail is well settled. Pre-arrest bail cannot be granted as a matter of course. The power under Section 482 of BNSS could be exercised only when a special case is made out, that too, recording reasons thereof. Perusal of the case diary reveals that the accusation made against the applicant is very serious in nature, and it prima facie shows a premeditated criminal act on his part. Specific overt act has been attributed against the applicant. According to the prosecution, the applicant along with the remaining accused conspired together and procured the contraband, which has been transported in the car belonging to the applicant. The crime is of the year 2023. The investigation against the accused Nos.1 to 3 was already over and final report has been filed. The applicant could not be arrested since he was absconding.

Considering the gravity of the offence and stage of the investigation, I am of the view that this is not a fit case where the extraordinary jurisdiction vested with this Court under Section 482 of BNSS could be invoked.

The learned counsel for the applicant submitted that the applicant is ready to surrender before the investigating officer. Accordingly, this bail application is disposed of on the following conditions: