SEENA SUSEENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed by the second accused in Crime No.34/2023 of EE and ANSS, Ernakulam, registered under Ss. 22(c),22B, 2(A), 21(B) and 25 of the Narcotic Drugs and Psychotropic Substance Act, 1985, seeking regular bail under Sec. 439 of the Cr.P.C.

(2.) The prosecution case is that, at 5.15 p.m., on 13/5/2023, 725.875 grams of MDMA and 55.8645 grams of Hashish Oil were seized from V.M.Manner, a flat of Thrikkakara Municipality, and the first accused managed to escape from the clutches of the investigating officer by wielding a weapon. However, on the next day, A1 and A2 came near the above flat, and the second accused attempted to enter the flat when A1 and A2 were apprehended along with a bike.

(3.) The learned counsel for the petitioner submits that apart from the confession of A1, there is no material at all to connect the second accused. It is also pointed out that the seizure of the contraband was from the house of the first accused and that the second accused was taken to the flat after two days as she went there on instructions from A1 to take her clothes and also the contraband, so as to give to A1 and it was at that point of time both of them were arrested. It is also pointed out that she is under treatment for psychiatric illness, as revealed from the annexures. He submits that the petitioner was arrested on 15/5/2023, and she has been in custody since then and prayed for bail.