ANANTHAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail.

(2.) Petitioner is the 4th accused in Crime No.41 of 2022 of Palakkad Railway Police Station, Palakkad registered alleging commission of offences punishable under Ss. 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act. 2. The prosecution case is that on 6/12/2022 at 13.30 hours at platform No.2 in Palakkad Junction Railway Station, accused Nos.1 to 4 were found in possession and transporting 6.050 kgs of ganja for sale and thereby the accused have committed the aforesaid offences.

(3.) Petitioner submits that he has been falsely implicated in the abovesaid crime and that he is in custody from 6/12/2022 onwards and further that there is total violation of Sec. 50 of the NDPS Act. It is submitted that petitioner is a B.Sc. final year student and taking into consideration the fact that the petitioner's exams are scheduled, this Court on 30/12/2022 granted interim bail to the petitioner so as to enable him to write exams with a direction that the petitioner shall surrender back to the Sessions Court concerned on 17/1/2023. Petitioner submits that the investigation is progressed considerably and he is a student and that he has no other criminal antecedents, there is no purpose in detaining him further. 5. Learned Public Prosecutor opposed the application for bail mainly contending that the alleged contraband was seized from the possession of accused Nos.1 and 3, but CCTV visuals revealed that the petitioner was also present there. Learned Prosecutor further submits that the petitioner has no other criminal antecedents.