IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
BAIL APPL. NO. 3927 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMP 1293/2022 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - III,
ALAPPUZHA / III ADDITIONAL MACT, ALAPPUZHA
PETITIONER/ACCUSED NO.4:
SWARAJ
AGED 23 YEARS, SWARAJ, S/O MOHANAN, AGED 23
YEARS, PATTANATHARA, WARD-23, ELAMKUNNAPUZHA,
ERNAKULAM., PIN - 682503
BY ADVS.
ANITHA MATHAI MUTHIRENTHY
MIDHUN S. KARUN
BINCY JOSE
RESPONDENT/DEFACTO COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
PP - SRI. M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 03.06.2022, ALONG WITH Bail Appl..4196/2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
BA. No.3927/2022 &
BA. No.4196/2022
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
BAIL APPL. NO. 4196 OF 2022
CRIME NO.166/2022 OF ARTHUNKAL POLICE STATION, ALAPPUZHA
PETITIONER/ACCUSED NO.1:
RITHIK
AGED 21 YEARS, S/O PETER, PULICKAL HOUSE,
KUMBALANGHI, KOCHI - , PIN - 682007
BY ADV ANITHA MATHAI MUTHIRENTHY
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA - , PIN - 682031
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 03.06.2022, ALONG WITH Bail Appl..3927/2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
BA. No.3927/2022 &
BA. No.4196/2022
..3..
ORDER
Dated this the 3rd day of June, 2022 These are applications for Regular Bail.
2. BA. No.4196/2022 is filed by the 1 st accused and BA. No.3927/2022 is filed by the 4th accused, In Crime No.166/2022 of the Arthunkal Police Station, Alappuzha, alleging commission of offences punishable under Sections 20(b)(ii)B and 29 of the Narcotic Drugs and Psychotropic Substances Act.
3. Prosecution allegation is that, on 11.03.2022 at 7.20A.M, at Arthunkal Fish Landing Centre, the police team, who were acting on a tip of, found A1 and A2 standing near a bullet. The police team searched their body. A1 was found in possession four small bottles of Hashish oil in the right pocket of his trouser and A2 was found in possession of 3 bottles of Hashish oil. Another 42 sachets of Hashish oil was found kept in the motorcycle bearing No.KL-43 K/8155 and thereby the accused have committed the offences mentioned above.
4. It is submitted that A1/petitioner in BA. BA. No.3927/2022 & BA. No.4196/2022 ..4..
No.4196/2022 was arrested on 11.03.2022, where as A4/petitioner in BA.No.3927/2022 was arrested on 03.04.2022. It is further submitted that the 2 nd accused was granted bail by the Sessions Court, Alappuzha and the accused No.3 was granted bail by this Court in BA. No.3907/2022 on 27.05.2022.
5. The learned Public Prosecutor, upon instruction, submitted that charge sheet is already laid. Taking into consideration and all these aspects and further that the petitioner in BA. No.4196/2022 is detained judicial custody from 11.03.2022 and the petitioner in BA. No.3927/2022 is detained from 03.04.2022, and further that, accused Nos. 2 and 3 have already been granted bail, I am inclined to grant bail to the petitioners on the following conditions:
(i) The petitioner shall execute 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;
BA. No.3927/2022 & BA. No.4196/2022 ..5..
(ii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.166/2022 of Arthunkal Police Station;
(iii) The petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.166/2022 of Arthunkal Police Station, Alappuzha may file an application before the jurisdictional Court, for cancellation of bail.
Sd/-
VIJU ABRAHAM, JUDGE ded/03.06.2022 BA. No.3927/2022 & BA. No.4196/2022 ..6..
APPENDIX OF BAIL APPL. 4196/2022 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ORDER DATED 27.5.2022 IN CRL.M.P. NO. 1441/2022 BA. No.3927/2022 & BA. No.4196/2022 ..7..
APPENDIX OF BAIL APPL. 3927/2022 PETITIONER ANNEXURES Annexure1 PETITIONER PREFERRED CRL.M.P NO.
1293/2022 BEFORE THE HONOURABLE SESSIONS JUDGE, ALAPPUZHA SEEKING BAIL AND IT WAS DISMISSED BY THE HONOURABLE SESSIONS COURT. A TRUE COPY OF THE ORDER DATED 16.5.2022 IN CRL.M.P NO. 1293/2022 IS PRODUCED HEREWITH AND MARKED AS ANNEXURE A1.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE