AI Structured Summary
Not yet generated for this judgment
Judgment
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail.
The applicant is the accused No.4 in Crime No.934/2026 of Valappad Police Station, Thrissur District. The offences alleged are punishable under Sections 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’) and 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
The prosecution case, in short, is that on 28.09.2026 at 18:30 hours, the applicant, along with the accused Nos.1 to 3, was found in possession of 36.15 grams of Ganja in 7 wrappers in 3 two wheelers for the purpose of sale to the students at a place near Thavalakklam SL Centre, Kazhimbram, Valappad and thereby committed the offences.
I have heard Sri.T.K.Sandeep, the learned counsel for the applicant 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 above crime. 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 applicant is a 19 year old student who does not have any criminal antecedents. Accused Nos.1 to 3 along with the applicant and another student were standing beside three bikes which were parked on the road side. On seeing the police party, the applicant and the student ran away. No contraband was seized from the body of the accused Nos.1 to 3. However, small quantity of contraband was seized from the bikes. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.
In the result, the application is allowed on the following conditions:-
The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.
The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.
The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.
The applicant shall not commit any offence of a like nature while on bail.
The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
The applicant shall not leave the State of Kerala without the permission of the trial Court.
The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.