Kerala High Court
Arun Joseph vs State Of Kerala on 9 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
BAIL APPL. NO. 8407 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 2132/2021 OF II ADDITIONAL
DISTRICT COURT,ERNAKULAM, ERNAKULAM
CRIME NO.1294/2021 OF THRIKKAKKARA POLICE STATION, ERNAKULAM
DISTRICT.
PETITIONER/5th ACCUSED :
ARUN JOSEPH
AGED 24 YEARS
S/O. JOSEPH, MOOLEN HOUSE, CHITTATTUKARA, VADAKKEKKARA,
NORTH PARUR.
BY ADV MANU ROY
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
PIN-682031
2 THE STATION HOUSE OFFICER
THRIKKAKKARA POLICE STATION, PIN - 682 030.
OTHER PRESENT:
NOUSHAD.K.A- SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.8407 OF 2021
2
ORDER
The petitioner is the 5th accused in crime No.1294/2021 of
Thrikkakara Police Station registered for the offences punishable
under Sections 22(a), 22(b) and 29 of Narcotic Drugs and
Psychotropic Substances Act.
2. The prosecution allegation is that the petitioner as well
as the other accused were found in possession of LSD stamp, 1.66
gms of solid Hashish, 3.83 gms of Hashish oil, 2.74gms of MDMA
and kept concealed in the flat bearing No. 211H in DD Mysty Hill,
Kakkanad in contravention of the provisions of the NDPS Act and
thereby committed the aforesaid offences.
3. The petitioner has been in custody since 7.10.2021.
4. The submission of the learned counsel for the petitioner
is that he has been falsely implicated in the case by the
investigating agency. In fact, nothing objectionable has been
seized from his possession. He is an engineering graduate now
intending to proceed to Europe to pursue his higher studies. While
BAIL APPL. NO.8407 OF 2021
so, he joined his friends for a trip to Kodaikanal which was
scheduled to 7.10.2021 and thus he happened to be in the flat. He
was not aware of the fact that the other accused were in possession
of any contraband article. But unfortunately, he was also booked in
this case.
5. The learned Public Prosecutor has submitted that now
the investigation of the case is well in progress.
6. As revealed from the records, no contraband has been
seized from the possession of this petitioner. The total narcotic
drugs seized from the other accused by the investigating agency is
less than commercial quantity. Moreover, prima facie it is revealed
that this petitioner is not permanently residing in the said flat. It
further appears that he happened to be there to proceed along with
his friends for a trip. Since no contraband has been seized from his
possession and the total quantity of the articles seized from the
other accused are below the commercial quantity, I think that this
application for his release on bail can be considered favourably and
he can be enlarged 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
BAIL APPL. NO.8407 OF 2021
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 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
jurisdictional court is empowered to cancel the bail in accordance
with the law.
Sd/-
SHIRCY V.
JUDGE
AL/-
