Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 BAIL APPL. NO. 9954 OF 2021 CRIME NO.26/2021 OF Excise Range Office,North Paravur, Ernakulam District AGAINST THE ORDER/JUDGMENT IN CRMC 2685/2021 OF II ADDITIONAL DISTRICT COURT,ERNAKULAM
PETITIONER/ACCUSED: JENSON AGED 29 YEARS S/O.JAMES, THAREPARAMBIL VEEDU, EDAMPADAM KARA, VARAPPUZHA VILLAGE, NORTH PARAVUR TALUK, ERNAKULAM DISTRICT. BY ADV NIREESH MATHEW RESPONDENT/RESPONDENT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031. SRI.PRASANTH M.P., PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 9954 OF 2021 2
ORDER
This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.
2. The petitioner is the accused in Crime No.26/2021 of Excise Range Office, North Paravur. The offences alleged are under Sections 20(b)(ii)(B) and 60(3) of the NDPS Act.
3. The prosecution case in short is that on
22.11.2021 at about 7.55 pm, the accused was found transporting 5.025 kilograms of ganja in a motorcycle in contravention of the NDPS Act and thereby committed the offence.
4. Heard both sides and perused the case diary.
5. The learned counsel for the petitioner
submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that the BAIL APPL. NO. 9954 OF 2021 3 petitioner has no criminal antecedents and there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation.
6. Perusal of the case diary would reveal that prima facie there are materials on record to connect the petitioner with the crime.
However, the petitioner was arrested on 22.11.2021. In view of the nature of the crime and the stage of investigation, I do not find any reason to hold that the continued detention of the petitioner is required for any purpose. The investigation seems to have reached a fair BAIL APPL. NO. 9954 OF 2021 4 stage. For all these reasons, the petitioner is entitled to be released on bail on conditions. In the result, the application is allowed on the following conditions:-
(i) The petitioner shall be released on bail
on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The petitioner shall fully co- operate with the investigation.
(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioner shall also appear before the investigating officer as and when required by him.
(iv) The petitioner shall not commit any BAIL APPL. NO. 9954 OF 2021 5 offence of like nature while on bail.
(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vi) The petitioner shall not leave State of Kerala without the permission of the trial Court. Sd/- DR. KAUSER EDAPPAGATH JUDGE sd