SAJEER K.A. Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The prosecution case, in brief, is that on 15.12.2020 while the excise party were on patrol duty, they intercepted a scooter bearing Reg.No.KL 43 J 4269 which was driven by the 2nd accused and the applicant was pillion riding. When the scooter was stopped, the applicant got down from the pillion, but the rider of the scooter went ahead abandoning the scooter and fled away. On inspection, two sacks were recovered from the scooter and it contained 9.55 and 9.45 kgs of ganja respectively. The applicant was arrested and remanded to judicial custody. He continues to remain in custody.

(3.) It is submitted that the applicant is innocent and he was only hitchhiking and was travelling on the scooter which was ridden by the 2nd accused. He had nothing to do with the contraband articles. He has also not any criminal antecedents and therefore he may be granted bail.