Prince K.V vs State Of Kerala
2022 Latest Caselaw 12468 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                    BAIL APPL. NO. 9972 OF 2022
Crime No.583/2022 of Karuvarakund Police Station, Malappuram
                             District,
AGAINST THE ORDER/JUDGMENT IN CRMP 1840/2022 OF SPECIAL COURT
             (ATROCITIES AGAINST SC/ST), MANJERI
PETITIONER/ACCUSED:

          PRINCE K.V
          AGED 22 YEARS
          S/O KANCHANA, KALASIYIL HOUSE, KOTTAPPURAM,
          PALAKKAD, THOTTARA, PALAKKAD DISTRICT, PIN -
          679513
          BY ADVS.
          ARUN ASHOK
          NEENA JAMES
          AMAL ABDUL MAJEED K.A.

RESPONDENT/STATE:

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

OTHER PRESENT:

          PP - SRI. M.C.ASHI


    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 23.12.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A. No.9972 of 2022                 :2:




                        VIJU ABRAHAM, J.
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                      B.A. No.9972 of 2022
         -- -- -- -- -- -- -- -- -- -- -- -- --
            Dated this the 23rd day of December, 2022

                                     ORDER

This is an application for regular bail.

2. The petitioner is accused No.1 in Crime No.583/2022 of

Karuvarakund Police Station, Malappuram District, alleging

commission of offence punishable under Section 22(b) of the

Narcotic Drugs and Psychotropic Substances Act.

3. The prosecution allegation is that, on 23.11.2022 at 12.45

am, the accused were found in possession of 4.5 grams of MDMA

and thereby committed the aforesaid offence.

4 .The learned counsel for the petitioner submitted that the

petitioner is only aged 22 years and he has been falsely implicated

in the above said crime. It is also submitted that the petitioner is in

custody from 23.11.2022 onwards.

5. The learned Public Prosecutor opposed the bail application

mainly contending that the petitioner was found in possession of

4.5 grams of MDMA and that the investigation is going on. It is

further submitted that the petitioner is involved in another crime of

similar nature.

6. Having regard to the facts and circumstances of the case,

considering the nature of the allegations and considering the fact

that the petitioner is in custody from 23.11.2022 onwards, I am

inclined to grant bail to the petitioner, but taking note of the

criminal antecedent of the petitioner, the same shall be on

stringent conditions. In the result, the bail application is allowed.

It is directed that the petitioner shall be released on bail, subject to

the following conditions:

(i) The petitioner shall execute a bond for a sum

of Rs.50,000/- (Rupees fifty thousand only) with

two solvent sureties each for the like-sum to the

satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the

investigating officer in Crime No.583/2022 of

Karuvarakund Police Station, Malappuram

District, on every Saturday at 11 am, for a period

of six months;

(iii) The petitioner shall not attempt to interfere

with the investigation or to influence or

intimidate the defacto complainant or any witness

in Crime No.583/2022 of Karuvarakund Police

Station, Malappuram District;

(iv) The petitioner shall not leave the State

without obtaining prior permission from the

Jurisdictional Court;

(v) The petitioner shall not involve in any other

crime while on bail.

If any of the aforesaid conditions are violated, the

investigating officer in Crime No.583/2022 of Karuvarakund Police

Station, Malappuram District, may file an application before the

jurisdictional court, for cancellation of bail.

Sd/-

VIJU ABRAHAM JUDGE sm/