Full Judgment
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. SATURDAY, THE 30TH DAY OF SEPTEMBER 2023/8TH ASWINA, 1945 BAIL APPL. NO. 8261 OF 2023 AGAINST THE ORDER IN CRMC 1959/2023 OF DISTRICT COURT & SESSIONS COURT, KOLLAM CRIME NO. 1283/2023 OF CHAVARA POLICE STATION, KOLLAM PETITIONER/2ND ACCUSED: SANJAY SREEKUMAR, AGED 26 YEARS, S/O.SREEKUMAR, SREESHYLAM, KOTTAKKAKAM, CHAVARA P.O, KOLLAM, PIN - 691583. BY ADVS. M/S.PRATHEESH.P , AMAR PRASANTH G. & ANJANA KANNATH RESPONDENTS/STATE:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031. 2 STATION HOUSE OFFICER, CHAVARA POLICE STATION, KOLLAM DISTRICT-691583. SRI.P.G.MANU(MAMALASSERY), SR.P.P. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
MOHAMMED NIAS C. P. , J.
============================ B. A. No. 8261 of 2023 ============================ Dated this the 30th day of September, 2023
ORDER
This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail. The petitioner is the second accused in Crime No.1283/2023 of Chavara Police Station, Kollam district, registered for having committed offences punishable under Sections 20(b) (ii)B and 29 of the Narcotic Drugs and Psychotropic Substances Act.
2. The prosecution case is that, on 3.8.2023, at 17.25 hours, at the
residential house of the first accused situated near Cherusseri Bhagam in Chavara Village, the accused was found in illegal possession of 4.390 kilograms of Ganja and thereby, committed the above offences.
3. The learned counsel appearing for the petitioner would submit
that the petitioner is totally innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 4.8.2023, and the continued custody of the petitioner is unnecessary.
4. The learned Public Prosecutor opposed the petition. ..3..
5. After having considered the submissions of the learned counsel
for the petitioner and learned Public Prosecutor and considering the allegations against the petitioner, the quantity involved, that he has been in custody from 4.8.2023, that the petitioner has been arrayed as accused on the basis of confession of the co-accused, and also since there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner as no other criminal antecedents have been reported against the petitioner. Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-
1. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional Court;
2. The petitioner shall report before the Investigating Officer every Saturday between 9 a.m. and 10 a.m. till the final report is laid;
3. The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;
4. The petitioner shall not be involved in any other crime while ..4.. on bail.
5. The petitioner shall surrender his Passport before the
jurisdictional court. If the petitioner does not have a Passport, he shall execute an affidavit to that effect and file the same before the said court within seven days from the date of his release on bail.
6. The petitioner shall furnish his present address along with
his mobile phone number to the court concerned as well as to the Investigating Officer. If any of the above conditions are violated, the jurisdictional court concerned will be empowered to take steps for cancellation of bail as per law. Sd/- MOHAMMED NIAS C. P. , JUDGE MMG ..5.. APPENDIX OF BAIL APPL.NO.8261/2023 PETITIONER'S ANNEXURES: ANNEXURE A1 THE COPY OF FIR IN CRIME NO.1283/2023 OF CHAVARA POLICE STATION DATED 8.03.2023 ANNEXURE A2 THE COPY OF THE REMAND REPORT DATED 4.8.2023 SUBMITTED BEFORE THE SESSIONS COURT, KOLLAM ANNEXURE A3 THE CERTIFIED COPY OF ORDER IN CRL.M.C NO.1959/2023 DATED 16.9.2023 ON THE FILE OF SESSIONS COURT, KOLLAM