IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5052 of 2008()
1. MANI @ BABU ,S/O. JOSEPH
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. DEPUTY SUPERINTENDENT OF POLICE
For Petitioner :SRI.TITUS MANI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :13/08/2008
O R D E R
K.HEMA, J.
-------------------------------------------------------
Bail Application No.5052 of 2008
-------------------------------------------------------
Dated this the 13th day of August, 2008
O R D E R
This petition is for bail.
2. The alleged offence is under Section 20(b)(ii)(c)
Narcotic Drugs and Psychotropic Substance Act, 1985.
According to the prosecution, first accused concealed ganja in a
forest area and the police officer detected the crime but, on
seeing police, the accused ran away from the scene. Thereafter,
he was arrested and he confessed that the second accused was
also involved in the offence, who carried the ganja to the place
from where the ganja was seized. Hence, the second accused
was arrested and he is in custody from 22.3.2008 onwards.
3. Learned counsel for petitioner submitted that the
petitioner is totally innocent of the allegations made. Except the
confession allegedly made by the first accused, there is
absolutely nothing on record to connect the petitioner with the
crime. According to him, petitioner does not believe that the
first accused had made any such confession which is untrue.
But, the police asked the petitioner over phone to go to the
BA No.5052/08 2
police station. In obedience, he went the police station on
22.3.2008 and at that time, he was arrested on the allegation
that he is involved in this case.
4. Learned counsel for petitioner submitted that had the
petitioner been guilty, he would not have gone to the police
station, on getting a mere telephone call from the police. The
crime is registered on 14.3.2008 and if at all, the petitioner had
any involvement in the crime, he would not have dared to go to
the police station within a week. Learned counsel for petitioner
also pointed out that in the remand report itself it is mentioned
that petitioner had gone to the police station and he was
arrested from there. This conduct itself shows his innocence in
the matter and hence, he may not be detained in further custody,
it is submitted. According to learned counsel for petitioner,
petitioner is an agriculturist and he has no role in the offence.
5. This petition is opposed. Learned public prosecutor,
however, conceded that the only material available against
petitioner in the case diary is the confession statement of the
first accused. First accused implicated the petitioner with the
crime and petitioner also confessed his guilt. The quantity
BA No.5052/08 3
involved is 41 kg. of ganja and hence, if bail is being granted to
the petitioner, stringent conditions may be imposed.
6. On hearing both sides, it is clear that the petitioner
was in custody for the past 141 days. But, in spite of the expiry
of 141 days, no material could be collected to implicate the
petitioner with the crime. There is no other crime against the
petitioner and he is not involved in any other offence involving
the ganja. The respondent has no case that the petitioner is
involved in any other crime. In short, except an alleged
confession statement made to the police officer, there is nothing
to connect the petitioner with the crime.
7. In such circumstances, I find that it just and proper to
release the petitioner on bail, though the case of the first
accused stands on a different footing than that of the petitioner.
Hence, petitioner is granted bail on the following terms and
conditions:
(i) Petitioner shall execute a bond for Rs.25,000/- with
two solvent sureties each for the like sum to the
satisfaction of the Magistrate Court concerned.
BA No.5052/08 4
(ii) Petitioner shall report before the Investigating Officer
on every Monday between 10 a.m. and 1 p.m. until
further orders.
(iii) Petitioner shall not commit any offence while on bail
and in case of breach of this condition, bail is liable to
be cancelled.
The petition is allowed.
K.HEMA, JUDGE
csl