AMEER KHAN S Vs. STATE OF KERALA

JUDGEMENT

(1.) These are applications seeking regular bail under Section 439 Cr.PC. The applicant in BA No.5552/2020 is the second accused, while the applicant in BA No.5581/2020 is the third accused in Crime No.1199/2020 of Kayamkulam Police Station for having allegedly committed offences punishable under Sections 20(b)(ii)B and 29 of the NDPS Act.

(2.) The prosecution case, in brief, is that on 30.6.2020 at about 15 minutes past midnight, the applicants along with the first accused were travelling on a motor cycle bearing Reg. No. KL02-BG-2289 along the public road, and they were intercepted by the Police party near Pullikanakku Muri. First accused was immediately apprehended from the spot. But the applicants managed to flee. On inspection of the first accused, he was found to be in possession of 1.20 KGs of Ganja intended for the purpose of sale, in furtherance of common intention with the applicants.

(3.) The applicants had earlier approached this Court for anticipatory bail by filing BA Nos. 4254/2020 and 4323/2020. Both those applications were dismissed by this Court directing the applicants to surrender before the investigating officer within two weeks. Accordingly, the second accused surrendered on 25.8.2020, while the third accused surrendered on 27.8.2020. They were produced before the jurisdictional court and remanded to judicial custody. They have been in custody since then. Both the applicants have been in custody for more than a month.