Rombo vs State of Kerala

ROMBO vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 23, 2020

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https://sooperkanoon.com/case/1755615

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Citation: sooperkanoon.com/1755615
Court: Kerala High Court
Judge: Honourable Mrs. Justice Shircy V.
Decided On: Mar 23, 2020
Case Number: Bail Appl./1876/2020

Parties & Advocates

Appellant / Petitioner

ROMBO

Respondent

State of Kerala

Excerpt

.....and 20 grams of ganja kept for the purpose of sale, in contravention of the provisions of ndps act.5. heard both sides.6. the learned counsel for the petitioner has submitted that he has not committed any offence as alleged and he is totally innocent. but he has been falsely implicated bail appl..no.1876 of 2020 3 in the case by the excise officials.7. the learned public prosecutor submitted that the investigation of the case has not been completed till date. it is also submitted that no criminal antecedents have been reported against this petitioner.8. considering the period of detention undergoneby him in judicial custody as well the fact that the investigation of the case is nearing completion, i am inclined to release him on bail subject to the following conditions:(i) the petitioner shall be released on bail on hisexecuting a bond for a sum of rs.1,00,000/- (rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.(ii) he shall appear before the investigating officer for interrogation as and when required by him in writing.(iii) he shall not directly or indirectly, make anyinducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. bail appl..no.1876 of 2020 4(iv) he shall not commit any offence while on bail. in case of violation of any of the above conditions, the learned judge is empowered to cancel the bail in accordance with the law. sd/- shircy v. judge smm

Full Judgment

Bail Appl..No.1876 OF 2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. MONDAY, THE 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942 Bail Appl..No.1876 OF 2020 CRIME NO.2/2020 OF Mala Excise Range , Thrissur APPLICANT/ACCUSED ROMBO AGED 22 YEARS S/O.LATE PAUL, VATHUKKADAN HOUSE, MANKIDI DESOM, PUTHENCHIRA VILLAGE, MUKUNDAPURAM TALUK. BY ADVS. SRI.K.B.PRADEEP SHRI.SREERAJ M.D. SHRI.HARISANKAR R RESPONDENT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM-682031. 2 EXCISE INSPECTOR, MALA RANGE, THRISSUR, PINCODE-680732. OTHER PRESENT: PP AJITH MURALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl..No.1876 OF 2020 2

ORDER

This application is for regular bail under Section 439 of the Code of Criminal Procedure.

2. The petitioner is the accused in Crime No.2 of 2020 of Mala Excise Range registered for the offence punishable under Section 20(b)(ii)A and 22(b) of the NDPS Act.

3. The petitioner has been in custody since 1.2.2020.

4. The prosecution allegation is that on 1.2.2020

at 6.00 p.m the petitioner was found in possession of 0.080 mgs of LSD Stamp, 1.600 grams of MDMA, and 20 grams of ganja kept for the purpose of sale, in contravention of the provisions of NDPS Act.

5. Heard both sides.

6. The learned counsel for the petitioner has submitted that he has not committed any offence as alleged and he is totally innocent. But he has been falsely implicated Bail Appl..No.1876 OF 2020 3 in the case by the excise officials.

7. The learned public prosecutor submitted that the investigation of the case has not been completed till date. It is also submitted that no criminal antecedents have been reported against this petitioner.

8. Considering the period of detention undergone

by him in judicial custody as well the fact that the investigation of the case is nearing completion, I am inclined to release him on bail subject to the following conditions:

(i) The petitioner shall be released on bail on his

executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) He shall appear before the Investigating Officer for interrogation as and when required by him in writing.

(iii) He shall not directly or indirectly, make any

inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. Bail Appl..No.1876 OF 2020 4

(iv) He shall not commit any offence while on bail. In case of violation of any of the above conditions, the learned Judge is empowered to cancel the bail in accordance with the law. Sd/- SHIRCY V. JUDGE smm

Same Court & Year Kerala · 2020 Same Parties ROMBO vs State of Kerala Same Judge Honourable Mrs. Justice Shircy V.