Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 1ST DAY OF SEPTEMBER 2023 / 10TH BHADRA, 1945 PETITIONERS: 1 NITHIN V AGED 20 YEARS S/O RADHIKA, VALAPPIL HOUSE, KAMBALAKKAL POST, KEERIPOTTY, MALAPPURAM, PIN - 679 333. 2 NITHIN RAJ K R AGED 21 YEARS S/O RAJESH, KANNATH HOUSE, KUNNUMMAL POTTY POST, NAROKKAVU, MALAPPURAM, PIN - 679 331. BY ADV M.DEVESH RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SRI. SANGEETHA RAJ N.R [PP] THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
2. The applicants are the accused Nos. 1 and 2 in
Crime No.89 /2023 of Palakkad Excise Range. The offences alleged are punishable under Sections 20(b)(ii)(B) and 29 of Narcotic Drugs and Psychotropic Substance Act (In short, NDPS Act’).
3. The prosecution case, in short, is that on 23.07.2023 at about 9.30 am, accused No.1 along with the accused No.2 were found in possession of 2.015 Kilograms of Ganja in contravention of the NDPS Act.
4. I have heard Sri. M. Devesh, the learned counsel for the applicants and Sri. Sangeetha Raj N.R, the learned Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicants submitted
that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage.
6. The applicants were remanded to judicial custody
on 23.07.2023. The recovery had already been effected and the investigation is over. For all these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail. In the result, the application is allowed on the following conditions: -
(i) The applicants shall be released on bail on
executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The applicants shall fully co-operate with the investigation.
(iii) The applicants shall appear before the
investigating officer between 10.00 a.m and 11.00 a.m every Saturday until further orders. They shall also appear before the investigating officer as and when required.
(iv) The applicants shall not commit any offence of a like nature while on bail.
(v) The applicants shall not attempt to contact any of
the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vi) The applicants shall not leave the State of Kerala without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.
Sd/- DR. KAUSER EDAPPAGATH JUDGE rpr APPENDIX OF BAIL APPL. 7114/2023 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE CRIME NO.89/2023 DATED 23.07.2023 ON THE FILE OF THE EXCISE RANGE PALAKKAD