Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 BAIL APPL. NO. 6162 OF 2022 AGAINST THE ORDER/JUDGMENTCRMC 1630/2022 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM CRIME NO.228/2022 OF THADIYITTAPARAMBA POLICE STATION PETITIONER/11TH ACCUSED: MANEESH, AGED 38 YEARS, SON OF PRAKASH, CHETHIPARAMBIL HOUSE, AROOKKUTTY, VADUTHALA, ALAPPUZHA DISTRICT, PIN 688535 BY ADV S.R.SREEJITH
RESPONDENT/STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. OTHER PRESENT: PP - SRI. M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA No.6162 of 2022 2
VIJU ABRAHAM, J.
B.A.No.6162 of 2022 Dated this the 6th day of October, 2022
ORDER
This is an application for regular bail.
2. The petitioner is arrayed as the 11th accused in Crime No.228 of 2022 of the Thadiyittaparambu Police Station registered alleging commission of offences punishable under Section 20(b) (ii)
(B) of Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The prosecution allegation against the petitioner is that on
25.03.2022 at 8.25 p.m., when the police party searched the house of the 1st accused, it was found that the 1st accused kept for sale 1.845 kgs of ganja and an electronic digital weighing machine for measuring the contraband at his house. In this connection accused Nos.1 to 7 were taken into custody and from the confession statement of the 7th accused, 70.400 kgs of ganja was recovered from the car bearing registration No.KL 13/K 7760 owned by the 8th accused and accused Nos.8 and 9 were arrested from the place of seizure of 70.400 kgs of ganja while they were selling the contraband to accused Nos.10 and
11. It is also the case of prosecution that the contraband was brought
from Odisha by the 9th accused along with accused Nos.7 and 8 in a BA No.6162 of 2022 3 tanker lorry belongs to the 12th accused and thus the accused committed the abovesaid offences.
4. Petitioner submits that he was arrested on 25.03.2022
and is in custody since then and that he has been falsely implicated in the abovesaid crime. Petitioner further submits that since charge is not laid, he is entitled for statutory bail taking into consideration the fact that he is in custody from 25.03.2022 onwards.
5. Heard the learned Public Prosecutor, who upon instruction submitted that it is true that charge is not laid and therefore petitioner is entitled for statutory bail. Considering the facts and circumstances of the case and
the fact that petitioner is in custody from 25.03.2022 onwards, I am inclined to grant bail to the petitioner. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail subject to the following conditions:
(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court.
(ii) He shall appear before the investigating officer in Crime No. 228 of 22 of Thadiyittaparambu Police Station, on every Saturday at 11.00 a.m., until completion of the trial.
(iii) He shall not attempt to interfere with the investigation or to BA No.6162 of 2022 4 influence or intimidate the defacto complainant or any witness in Crime No. 228 of 22 of Thadiyittaparambu Police Station.
(iv) He shall not leave the State of Kerala without obtaining the previous permission of the jurisdictional court.
(v) He shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the
investigating officer in Crime No. 228 of 22 of Thadiyittaparambu Police Station, may file an application before the jurisdictional court, for cancellation of bail. Sd/- VIJU ABRAHAM JUDGE cks