Shahan vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 30, 2019

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Citation: sooperkanoon.com/1914465
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Anil Kumar
Decided On: Apr 30, 2019
Case Number: Bail Appl./3132/2019

Parties & Advocates

Appellant / Petitioner

Shahan

Respondent

State of Kerala

Excerpt

.....crl.m.c. no.451/2019 seeking regular bail. the application was dismissed as per annexure a1 order. thereafter, the petitioner filed b.a.no.2434/2019 before this court for regular bail. the bail application was dismissed on 08.04.2019. petitioner has been in judicial custody since 02.03.2019. further detention of the accused in judicial custody is not required particularly, in view of the fact that a total quantity of 1.200 kgs of ganga was recovered from the petitioner which is not a commercial quantity as defined under the ndps act and the rules framed thereunder. hence, bail is granted to the petitioner on the following conditions:i) the petitioner shall execute a bond for rs.50,000/- (rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the magistrate's court concerned. ii) the petitioner shall appear before the investigating officer between 9 a.m. and 11 a.m. on all mondays and thursdays for a period of three months after being released on bail. iii)the petitioner shall not in any manner intimidate or influence the prosecution witnesses. he will not in any manner contact or try to contact the prosecution witnesses, even over phone or otherwise. iv) the petitioner shall surrender his passport in the magistrate's court/jurisdictional court concerned within three days of his release on bail. if he does not possess any passport, he shall file an affidavit to that effect in that court within that period.v) the petitioner shall not leave the state of kerala without the prior permission of the jurisdictional court concerned. vi) if the petitioner violates any of the conditions of bail, it is open to the court having jurisdiction over the case to cancel his bail without any further orders from this court but in accordance with law. sd/- n.anil kumar, judge pn

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.ANIL KUMAR TUESDAY, THE 30TH DAY OF APRIL 2019 / 10TH VAISAKHA, 1941 AGAINST THE ORDER IN CRMC 451/2009 of SESSIONS COURT, KOLLAM DATED 20-03-2019 CRIME NO. 03/2019 OF CHADAYAMANGALAM EXCISE RANGE OFFICE, KOLLAM PETITIONER/ACCUSED: SHAHAN AGED 27 YEARS S/O.SHAJAHAN, SHAHAN MANZIL, PULLIPARA.P.O, THRIKKUNNAPURAM, KADAKKAL VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.P.ANOOP (MULAVANA) RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031. SRI C K PRASAD-PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

The petitioner is the accused in Crime No.3/2019 of Chadayamangalam Excise Range, Kollam District for offences punishable under Section 8(c) read with 20(b)(ii)(B) of the NDPS Act.

2. The prosecution case is that on 02.03.2019

at 11.25 p.m., the accused transported 1.200 kgs of ganga for the purpose of sale without licence in his auto rickshaw through Parippally-Madathara road in Nilamel Village.

3. Heard both sides. Perused the case diary.

4. Petitioner was arrested on 02.03.2019 and

was remanded to judicial custody. Initially the petitioner approached the Sessions Court, Kollam by filing Crl.M.C. No.451/2019 seeking regular bail. The application was dismissed as per Annexure A1 order. Thereafter, the petitioner filed B.A.No.2434/2019 before this Court for regular bail. The bail application was dismissed on 08.04.2019. Petitioner has been in judicial custody since 02.03.2019. Further detention of the accused in judicial custody is not required particularly, in view of the fact that a total quantity of 1.200 kgs of ganga was recovered from the petitioner which is not a commercial quantity as defined under the NDPS Act and the Rules framed thereunder. Hence, bail is granted to the petitioner on the following conditions:

i) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate's court concerned. ii) The petitioner shall appear before the Investigating Officer between 9 a.m. and 11 a.m. on all Mondays and Thursdays for a period of three months after being released on bail. iii)The petitioner shall not in any manner intimidate or influence the prosecution witnesses. He will not in any manner contact or try to contact the prosecution witnesses, even over phone or otherwise. iv) The petitioner shall surrender his passport in the Magistrate's court/jurisdictional court concerned within three days of his release on bail. If he does not possess any passport, he shall file an affidavit to that effect in that court within that period.

v) The petitioner shall not leave the State of Kerala without the prior permission of the jurisdictional court concerned. vi) If the petitioner violates any of the conditions of bail, it is open to the Court having jurisdiction over the case to cancel his bail without any further orders from this Court but in accordance with law. Sd/- N.ANIL KUMAR, JUDGE Pn

Same Court & Year Kerala · 2019 Same Parties Shahan vs State of Kerala Same Judge Honourable Mr.Justice N.Anil Kumar