Gokul vs State Of Kerala

Kerala High Court

Gokul vs State Of Kerala on 7 May, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
        TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946
                      BAIL APPL. NO. 3777 OF 2024
    CRIME NO.594/2024 OF Malappuram Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED 08.04.2024 IN CMP NO.350 OF 2024
OF SPECIAL COURT (ATROCITIES AGAINST SC/ST), MANJERI
PETITIONER/S:

            GOKUL
            AGED 27 YEARS
            S/O AJIKUMAR, PAZHAYANTHANAM HOUSE , KARATHOD, OORAKAM
            MELMURI P.O, MALAPPURAM DISTRICT,, PIN - 673638
            BY ADVS.
            P.M.HABEEB
            YESMA D. ELAVANTHARA
            SILPA V. CHANDRAN


RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA.
            ERNAKULAM., PIN - 682031
    2       STATION HOUSE OFFICER
            MALAPPURALN POLICE STATION, MALAPPURAM, PIN - 676505
OTHER PRESENT:

            PP VIPIN NARAYANAN


     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
07.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 3777 OF 2024
                                    2

                                 ORDER

This is a regular Bail Application filed by the 1 st Accused in Crime No.594/2024 of Malappauram Police Station. The offence alleged is under Sec.22(b), 20(b)(ii)A and 29 of the NDPS Act.

2. The Prosecution case is that on 27.03.2024, the petitioner along with the 2nd accused were found in possession of 2.8 grams of MDMA and 121.8 grams of Ganja.

3. According to the learned counsel for the petitioner, this is a false case foisted against the petitioner and also that he is innocent. The petitioner is in custody since 27.03.2024.

4. The application was opposed by the learned Public Prosecutor. Learned Public Prosecutor further submitted that no other similar offence was reported against the petitioner.

5. Since the petitioner is in custody since 27.03.2024 and there is no other similar offence against him, I allow this Regular Bail Application subject to the following conditions :-

(i) The petitioner is released on bail on executing bond for Rs.50,000/- (fifty thousand only) with two BAIL APPL. NO. 3777 OF 2024 3 solvent sureties each for the like sum to the satisfaction of the trial Court.

(ii) The petitioner shall report before the Investigating Officer on every Tuesday between 10.00 am and 11.00 am till the final report is filed or till the end of June, 2024, whichever is earlier.

(iii) The petitioner shall co-operate with the investigation. He shall not intimidate or influence the witnesses or tamper with the evidence.

(iv) The petitioner shall not involve himself in similar offence while on bail.

(v) Petitioner shall not leave Malappuram district, without prior permission of the jurisdictional Magistrate.

sd/-

C.PRATHEEP KUMAR JUDGE Nsd BAIL APPL. NO. 3777 OF 2024 4 APPENDIX OF BAIL APPL. 3777/2024 PETITIONER ANNEXURES Annexure A THE PHOTO COPY OF THE FIR DATED 28.03.2024 IN CRIME NO.594/2024 OF MALAPPURAM POLICE STATION Annexure B THE PHOTO COPY OF THE ORDER DATED 08/04/2024