Sivadasan @ Enforcement ... vs The State Of Kerala
2021 Latest Caselaw 12845 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MRS. JUSTICE SHIRCY V.
     THURSDAY, THE 10TH DAY OF JUNE 2021 / 20TH JYAISHTA, 1943
                      BAIL APPL. NO. 4558 OF 2021
      CRIME NO.92/2021 OF Kodakara Police Station, Thrissur
   AGAINST THE ORDER/JUDGMENT IN SC 520/2021 OF III ADDITIONAL
                       SESSIONS COURT, THRISSUR


PETITIONER/ACCUSED:

          SIVADASAN @ ENFORCEMENT SIVADASAN
          AGED 61 YEARS
          S/O. KOCHAKKEN, KOTTIKKAL HOUSE, MANAKULANGARA P.O,
          KODAKARA VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT.

          BY ADV K.SURESH BABU (KANDENGHAT)


RESPONDENT/COMPLAINANT:

          THE STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM-682 031 (IN THE CRIME NO. 92/21 OF
          KODAKARA POLICE STATION).

          SMT.SREEJA.V-PP


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4558 OF 2021

                                     2



                               ORDER

Application for regular bail.

2. The petitioner is the accused in Crime No.92/2021 of

Kodakara Police Station registered for the offences punishable

under Sections 20(b)(ii)B of the NDPS Act.

3. The petitioner has been in custody since 2.03.2021.

4. The prosecution case is as follows:

Acting on a tip off the police conducted a search in the

residence of this petitioner and found him in possession of 5.670 kg

of ganja at his residence stored for sale in contravention of the

provisions of the NDPS Act and thereby he has committed the

aforesaid offences.

5. It is submitted by the learned counsel for the petitioner

that he is aged 60 years suffering from various ailments. In fact the

police has seized the contraband from a well near his residence,

whis is not in frequent use by the petitioner and his family

members. He has been falsely implicated in the case by the police

and hence this application for his release on bail. BAIL APPL. NO. 4558 OF 2021

6. It is submitted by the learned Public Prosecutor that he

is having criminal antecedents but he is not involved in any other

NDPS case and all the other cases are old cases and in most of the

cases he had been acquitted.

The investigation of the case is over and charge sheet has

been filed and now the case is pending as S.C.No.520/2021 before

the Sessions Court, Thrissur. Though the offence alleged against

this petitioner is grave and serious in nature, considering the

present situation of the pandemic in our country and age of the

petitioner, 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) The petitioner shall appear before the Investigating

Officer for interrogation as and when required by him,

in writing.

(iii) The petitioner shall not directly or indirectly, make BAIL APPL. NO. 4558 OF 2021

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.

(iv) The petitioner shall not commit any offence while

on bail.

In case of violation of any of the above conditions, the learned

Magistrate is empowered to cancel the bail in accordance with the

law.

Sd/-

SHIRCY V.

JUDGE mpm