Kerala High Court
Sandeep Udayan vs State Of Kerala on 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
BAIL APPL. NO. 6387 OF 2021
CRIME NO.18/2021 OF Chalakkudy Excise Range Office, Thrissur
AGAINST THE ORDER/JUDGMENT IN CRMC 1169/2021 OF DISTRICT COURT &
SESSIONS COURT,THRISSUR, THRISSUR
PETITIONER/SOLE ACCUSED :-
SANDEEP UDAYAN
AGED 25 YEARS
S/O UDAYAKUMAR, CHAREKKATT HOUSE
VETTUKADAVU DESOM
WEST CHALAKUDY VILLAGE
CHALAKUDY TALUK, THRISSUR DISTRICT
PIN - 680 307.
BY ADV N.L.BITTO
RESPONDENT/STATE :-
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA
ERNAKULAM
SRI.MANU P.G, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6387 OF 2021
2
ORDER
Application for regular bail.
2. The petitioner who is the sole accused in
Crime No.18 of 2021 of Excise Range, Chalakudy
registered for the offences punishable under
Sections 20(b)(ii)B of the Narcotic Drugs and
Psychotropic Substances Act, has moved this
application for his release on bail.
3. The prosecution case is as follows :-
On 29.07.2021 the Excise officials of
Chalakudy Range found this petitioner in
unauthorized possession of 2 kilogram of ganja at
Vettukadau Desom in Chalakudy Taluk in
contravention of the provisions of the NDPS Act
and he was apprehended then and there, after
complying with the formalities.
4. The petitioner has been in custody since
29.07.2021.
5. Heard the learned counsel for the
BAIL APPL. NO. 6387 OF 2021
petitioner as well the learned Public Prosecutor.
6. The learned counsel for the petitioner has
submitted that he is totally innocent of the
allegations levelled against him. In fact, his
father is no more and he is looking after his
family by doing petty jobs. He has no business of
ganja and he never dealt with any narcotic drugs
as alleged by the prosecution. But he is
undergoing unnecessary incarceration right from
the date of his arrest.
7. Though the contention raised on behalf of
the petitioner has been denied by the learned
Public Prosecutor, it is admitted that he is
having no criminal antecedents.
8. The petitioner is aged only 25 years. The
quantity of the contraband involved is only 2
kilogram, which is intermediate quantity. The
petitioner is having no criminal antecedents. It
is revealed from the records that the
investigation of the case is nearing completion.
Having considered the facts and
BAIL APPL. NO. 6387 OF 2021
circumstances involved in this case, the period of
detention undergone by him in judicial custody,
the present stage of investigation as well the
fact that he is having no criminal antecedents, I
am inclined to release him on bail subject to the
following conditions :-
(i) The petitioner shall be released on bail
on 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) He shall appear before the investigating
officer on first Monday of every month
between 10.30 am and 11.30 am for a period of
two months or till filing of the final
report, whichever is earlier.
(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.
BAIL APPL. NO. 6387 OF 2021
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
SMA
