ATHUL A. Vs. STATE OF KERALA

JUDGEMENT

(1.) Ashok Menon Application for regular bail under Section 439 of Cr.P.C.

(2.) The prosecution case, in brief, is that on 17.06.2020 at about 5 p.m., the police party allegedly intercepted a lorry bearing registration No.KL 05 AM 4788 while the lorry was engaged in transporting 59.5 kgs of ganja. Accused Nos.1 and 2 who were involved in transporting of ganja were immediately arrested and remanded to judicial custody. On the basis of the their statements and on the materials allegedly collected by the prosecution, the applicant was implicated as the 5th accused and it is alleged that he was the person who financed.

(3.) There is evidence to the effect that he has transferred Rs.50,000/- to A1 and through his friend's account he transferred another Rs.50,000/- to A1. Moreover, there are call detail records, which indicate that he has been constantly contacting A1 over the phone and giving instructions for the transporting of the contraband articles. Whether those materials are valid and reliable is a matter to be considered by the trial court. Hence the learned Public Prosecutor vehemently opposes the application for bail.