Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 BAIL APPL. NO. 10034 OF 2022 AGAINST THE ORDER/JUDGMENTSC 1195/2022 OF ADDITIONAL DISTRICT COURT (ADHOC), THRISSUR PETITIONER/ACCUSED: SAJEESH AGED 39 YEARS S/O KUNJUMON, KOTTARAPPATTU HOUSE, AANAYIKKAL DESOM, KUNNAMKULAM, THRISSUR DISTRICT, PIN - BY ADVS. P.MOHAMED SABAH LIBIN STANLEY SAIPOOJA SADIK ISMAYIL R.GAYATHRI M.MAHIN HAMZA RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER THRISSUR WEST POLICE STATION, THRISSUR DISTRICT, PIN - 680004 BY SRI. P.G. MANU (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No. 10034 of 2022 2
P.G. AJITHKUMAR, J.
------------------------------- B.A.No. 10034 of 2022 -------------------------------------------------------- Dated this the 30th day of December, 2022
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.843/2022 of
Town West Police Station, Thrissur. He allegedly had committed the offence punishable under Sections 20(b)(ii)B of Narcotic Drugs and Psychotropic Substances Act 1985.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. The prosecution allegation against the petitioner is that he at 02.20 P.M. on 10.08.2022 was found in possession of 6.540 kg of ganja. He was transporting ganja on a scooter bearing registration No. KL-46-X-0232.
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, especially when he has been in judicial custody since 10.08.2022. B.A.No. 10034 of 2022 3
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 learned Public Prosecutor would further submit that
the final report in the matter has already been submitted and the matter is pending trial before the Additional Sessions Court-IV, Thrissur. It is also submitted that from the investigation into the matter, no antecedents of the petitioner involving in any other offence under the NDPS Act is revealed.
8. 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 seen unnecessary. I am therefore 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/her 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; B.A.No. 10034 of 2022 4
(ii) 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 sbk/-