Vishnu Satheesh vs State Of Kerala

Viju Abraham, J

This is an application for anticipatory bail.

Petitioner is the 4th accused in Crime No.1542 of 2021 of Thrissur East Police Station registered alleging commission of offences punishable under Sections 22(c) and 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “NDPS Act”).

Prosecution case is that on 07.08.2021 at 4.10 p.m. the police party seized 22 grams of MDMA and 50 grams of MDMA crystal from the possession of the 1st accused at a place known as Kokkala. The allegation against the petitioner is that he financed the purchase of the contraband article and thus committed the abovesaid offences.

Petitioner submits that he has been falsely implicated in the above said crime and he has absolutely no connection with the seized contraband. First accused was the classmate of the petitioner while they were in school. The amounts transferred are all borrowed by him and he used to return the said amount in cash or through some other people's account. Though the petitioner moved an application for anticipatory bail before the Sessions Court, Thrissur, the same was dismissed as per Annexure-4.

Learned Public Prosecutor seriously opposed the application for bail mainly contending that on a verification of the account statement of the petitioner it revealed financial transactions with the first accused and also while verifying the CDR of the first accused both A1 and A4 have constant communication.

Petitioner is absconding. The quantity involved is commercial quantity and the rigour of Section 37 of NDPS Act will also come into play in the present case. The petitioner has not substantiated that the rigor of the twin condition in Section 37 of the NDPS Act will not apply in the facts and circumstances of this case. Further taking into consideration the seriousness of the allegations, I am of the opinion that this is not a fit case to grant pre-arrest bail to the petitioner. Therefore the anticipatory bail application is accordingly dismissed.