Nizamudheen T.K vs State Of Kerala
2021 Latest Caselaw 12947 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
      TUESDAY, THE 15TH DAY OF JUNE 2021 / 25TH JYAISHTA, 1943
                       BAIL APPL. NO. 4570 OF 2021
            CRIME NO.650/2020 OF PARIYARAM POLICE STATION
AGAINST THE ORDER/JUDGMENT IN CRMP 12/2021 OF SPECIAL COURT (NDPS ACT
                       CASES), VADAKARA, KOZHIKODE
PETITIONER/S:

           NIZAMUDHEEN T.K
           AGED 37 YEARS
           S/O.NISAR K.P., THUNTHAKKACHI, KANNAMKKARAN HOUSE,
           IRINGAL, PARIYARAM, KANNUR DISTRICT.

           BY ADVS.
           BINU GEORGE
           HEMALATHA



RESPONDENT/S:

           STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
           ERNAKULAM, PIN-682031.


OTHER PRESENT:

           SMT V SREEJA -PP



THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.06.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4570 OF 2021
                                          2




                                        ORDER

This is an application for regular bail under Section

439 of the Cr.P.C.

2. The applicant is the sole accused in Crime

No.650/2020 of Pariyaram Police Station for having

allegedly committed an offence punishable under Section

20(b)(ii)(B) of the Narcotic Drugs and Psychotropic

Substances Act (for short "NDPS Act").

3. The prosecution case, in brief, is that on

06.07.2020 in connection with another crime No.649/2020

registered for the offences punishable under Sections 341

and 392 of the I.P.C., a search was conducted in the house

by the police and during that search the applicant was

found to be in conscious possession of 1.615 kgs. of Ganja,

which was concealed in his house. Subsequently, this Crime

was also registered against him for the aforesaid

offence.

BAIL APPL. NO. 4570 OF 2021

4. The applicant states that he is innocent and the

allegations are not true. He was arrested on 16.04.2021 in

this crime, and therefore, he may be released on regular

bail.

5. Heard the learned Counsel for the applicant and the

learned Public Prosecutor.

6. The learned Public Prosecutor points out that the

applicant is, apart from the aforesaid two crimes referred

to above, also involved in an NDPS Crime No.297/2021 of

Hosdurg Police Station for being in possession of a small

quantity of Ganja. Considering these antecedents of the

applicant, the learned Public Prosecutor has very

vehemently opposed the application for bail.

7. The quantity involved in this crime is intermediary,

and therefore, the rigour under Section 37 of the NDPS Act

would not be attracted. The other cases in which the

applicant is allegedly involved is for a small quantity of

Ganja. Under the circumstances, I find that there is no BAIL APPL. NO. 4570 OF 2021

need for incarcerating the applicant any longer since he

has been in custody for a fairly long time.

As a result, the bail application is allowed and the

applicant is directed to be released on bail on the

execution of a bond for Rs.1,00,000/- (Rupees one lakh

only) with two solvent sureties each for the like amount to

the satisfaction of the jurisdictional court, on the

following other conditions:

i)He shall appear before the investigating officer on all

Saturdays between 9.00 AM and 12.00 noon for a period

of three months or till the final report is filed,

whichever is earlier;

ii) He shall not attempt to influence or intimidate the

witnesses; and

iii) He shall not get involved in similar offences during

the currency of the bail.

In case of breach of any of the bail conditions, the

prosecution shall be at liberty to apply for cancellation BAIL APPL. NO. 4570 OF 2021

of the bail before the jurisdictional Court.

Sd/-

ASHOK MENON JUDGE

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