Abhinav, vs State of Kerla,

Type Court Judgment Court Kerala Decided Apr 30, 2024

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Citation: sooperkanoon.com/1317451
Court: Kerala High Court
Judge: Honourable Mr.Justice P.G. Ajithkumar
Decided On: Apr 30, 2024
Case Number: Bail Appl./2290/2024

Parties & Advocates

Appellant / Petitioner

Abhinav,

Respondent

State of Kerla,

Excerpt

.....the petitioner was arrested on 23.02.2024. he has been in custody since the said date. although 60 days is over since the date of arrest, no final report is filed before the jurisdictional court. the offence is punishable withimprisonment upto ten years. minimum punishment of ten years is not prescribed. so the petitioner can be retained in custody pending investigation only for 60 days. in such circumstances, the petitioner is liable to be granted bail, by virtue of the provions of the proviso to section 167(2) of the code of criminal procedure, 1973.in the result, the bail application is allowed and the petitioner is granted bail on his executing a bond for rs.50,000/- (rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the -4- learned magistrate, subject to the following conditions:(i) he shall not influence or intimidate witnesses or tamper with evidence;(ii) he shall appear before the investigating officer as and when called for; and(iii) during the bail period, he shall not getinvolved in any offence. in case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court. sd/- p.g. ajithkumar judge js -5- appendix of bail appl. 2290/2024 petitioner annexures annexure 1 the true copy of the fir registered by the respondent annexure 2 the true copy of order dated 23-02-2024 passed by the session's court, thrichur

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946 BAIL APPL. NO. 2290 OF 2024 CRIME NO.307/2024 OF Kodungallur Police Station, Thrissur PETITIONER: ABHINAV, AGED 21 YEARS S/O. PRADEEP, PARAKOTT VEEDU, EDAVILANGU, KODUNGALLUR, THRICHUR, PIN - 680671 BY ADV SAYED MANSOOR BAFAKHY THANGAL RESPONDENT: STATE OF KERLA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SMT. BINDU...GP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-
P.G. AJITHKUMAR, J.
========================== B.A.No. 2290 of 2024 =========================== Dated this the 30th day of April, 2024

ORDER

This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.

2. The petitioner is the accused in Crime No. of 307 of 2024 of Kodungalloor Police Station. He allegedly had committed the offences punishable under Section 22(b) of the NDPS Act, 1985.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. The prosecution allegation is that on 23.02.2024 at about 15.00 hours, the petitioner was found in possession of 0.650 grams of MDMA.

5. The petitioner would contend that he did not involve in

the alleged crime and without any material or evidence, he has been implicated in the crime. He is innocent. The investigation in the matter has been progressed considerably and there is no -3- reason or justification for his further detention.

6. The learned Public Prosecutor would submit that

considering the seriousness of the offence and the possibility of interfering with the investigation by the petitioner in the event of his release on bail, this petition deserves only to be dismissed.

7. The petitioner was arrested on 23.02.2024. He has been in custody since the said date. Although 60 days is over since the date of arrest, no Final report is filed before the Jurisdictional Court. The offence is punishable with

imprisonment upto ten years. Minimum punishment of ten years is not prescribed. So the petitioner can be retained in custody pending investigation only for 60 days. In such circumstances, the petitioner is liable to be granted bail, by virtue of the provions of the proviso to Section 167(2) of the Code of Criminal Procedure, 1973.

In the result, the bail application is allowed and the petitioner is granted bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the -4- learned Magistrate, subject to the following conditions:

(i) He shall not influence or intimidate witnesses or tamper with evidence;

(ii) He shall appear before the investigating officer as and when called for; and

(iii) During the bail period, He shall not get

involved in any offence. In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court. Sd/- P.G. AJITHKUMAR JUDGE JS -5- APPENDIX OF BAIL APPL. 2290/2024 PETITIONER ANNEXURES Annexure 1 THE TRUE COPY OF THE FIR REGISTERED BY THE RESPONDENT Annexure 2 THE TRUE COPY OF ORDER DATED 23-02-2024 PASSED BY THE SESSION'S COURT, THRICHUR

Same Court & Year Kerala · 2024 Same Parties Abhinav, vs State of Kerla, Same Judge Honourable Mr.Justice P.G. Ajithkumar