Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945 BAIL APPL. NO. 2916 OF 2023 AGAINST THE ORDER IN CRMC 663/2023 OF DISTRICT COURT & SESSIONS COURT,KOLLAM CRIME NO.21/2023 OF EXCISE ENFORCEMENT & ANTI NARCOTIC SPECIAL SQUAD, KOLLAM. PETITIONER/ACCUSED: KALIDASAN, AGED 18 YEARS S/O BABY, THAYIKKOTATHIL VEEDU, KUZHITHURA MURI, ALAPPAD VILLAGE, NOW RESIDING AT KOOTTUMTHARA, TSUNAMI COLONY, ADINAD NORTH MURI, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALY, KOLLAM., PIN - 690516 BY ADV M.R.SASITH RESPONDENT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031 OTHER PRESENT: PP-SRI P G MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:-
P.G. AJITHKUMAR, J.
==================== B.A.No. 2916 of 2023 ---------------------------- ------ Dated this the 25th day of April,2023
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.21 of
2023 of Excise Enforcement & Anti Narcotic Special Squad, Kollam. He allegedly had committed the offences punishable under Sections 22(b) and 20(b)(ii)A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘the NDPS Act’)
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. The prosecution allegation is that, on 09.03.2023, at about 11.10 pm, the petitioner was found in possession of 2.227 grams of MDMA and 10 grams of ganja. -:3:-
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 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 deserve only to be dismissed.
7. Having heard the learned counsel appearing for the
petitioner and the learned Public Prosecutor, and considering the nature and gravity of the offence, further detention of the petitioner is appeared unnecessary. The petitioner is aged 18 years. Ever since arrested on 09.03.2023, the petitioner has been in judicial custody. It is true that he has involved in an offence having adverse impact on the society at large. However, his tender age -:4:- tilts the balance in his favour in the matter of grant of bail. Major portion of the investigation has already been over. The learned Public Prosecutor would submit that the petitioner did not involve in any other crime; not only offences under the NDPS Act but also any other offence. Considering all the circumstances, I am of the view that the petitioner is entitled to be released on bail on strict conditions. 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 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. -:5:-
(iv) The petitioner shall not leave the local limits of the Kollam District without the prior permission from the jurisdictional court. 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 DST/25.04.23 //True copy/ P.A.To Judge