Court had once granted interim bail to the petitioner and the final report of the matter has been already been in filed, it will be appropriate for the petitioner to move to the trial court for bail and was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR. JUSTICE GOPINATH P. in the case of AKHIL KRISHNAN vs. STATE OF KERALA (BAIL APPL. NO. 8118 OF 2021) on 28th March, 2022.
Brief facts of the case are that allegation against the petitioner is that on 01.08.2021, accused Nos.1 and 2 were found transporting 154.3 Kgs of Ganja from Tamil Nadu to Kerala and they were apprehended with the Ganja while they were near the Toll Plaza at Paliyekkara. Following investigation, it is alleged that the police got information that the petitioner who is 4th accused had financed the purchase of ganja and several amounts were transferred by the petitioner to the 2nd accused for the purchase of ganja.
Learned counsel for petitioner submitted that the petitioner is absolutely innocent in the matter and has been roped in on the basis of some misunderstanding. Petitioner had transferred money to the 2nd accused only in connection with a vegetable business which was commenced during the lockdown period, petitioner has no connection whatsoever with the ganja found from the possession of accused Nos.1 and 2. It is submitted that the mother of the petitioner, who is suffering from cancer requires the care of the petitioner during her difficult times as there is no one else to take care of her. The court had inclined to grant interim bail to the petitioner by order dated 23.02.2022 in this bail application.
Respondent’s counsel submitted that that considering the provisions of Section 37 of the NDPS Act, the petitioner is not entitled to be released on bail. There are no reasonable grounds to believe that the petitioner is not guilty of the offences alleged against him, the investigation conducted so far reveals that the petitioner and the 3rd accused were accompanying the vehicle from which the ganja was seized from the time the vehicle entered Palakkad. And there are clear materials collected by the prosecution which suggest that the petitioner had financed the purchase of ganja by transferring money to the 2nd accused. It is submitted that the petitioner is not entitled to be released on bail as that final report has already been filed in the matter.
In view of the facts and circumstances and considering the fact that a final report has already been filed in the matter, Court held that it may be appropriate for the petitioner to move the trial Court for bail, if so advised. This bail application will stand disposed of directing that, if the petitioner files any application before the trial Court for bail, the same may be considered and disposed of in accordance with law without undue delay.
Judgment reviewed by – Amit Singh