Shibu vs State Of Kerala
2022 Latest Caselaw 777 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                    THE HONOURABLE MRS. JUSTICE SHIRCY V.
         MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
                         BAIL APPL. NO. 8571 OF 2021
     CRIME NO.2879/2019 OF Kayamkulam Police Station, Alappuzha
  AGAINST THE ORDER/JUDGMENT IN SC 354/2020 OF ADDITIONAL DISTRICT
    COURT & SESSIONS COURT - II, ALAPPUZHA / II ADDITIONAL MACT,
                                   ALAPPUZHA


PETITIONER/ACCUSED NO.1 :-

             SHIBU,
             AGED 24 YEARS
             S/O. ABDUL SALAM, THAZHCHA VADAKKATHIL HOUSE,
             NJAKKANAL P.O. KRISHNAPURAM,
             ALAPPUZHA DISTRICT 690 533.

             BY ADVS.
             MANU HARSHAKUMAR
             SREEJESH B PANICKER
             MARY ANN SAJI
             SAMEER.P.A


RESPONDENTS/COMPLAINANTS :-

     1       STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM 682 031.

     2       CIRCLE INSPECTOR OF POLICE,
             KAYAMKULAM POLICE STATION,
             REPRESENTED BY THE PUBLIC PROSECUTOR, 690 502.

             BY SRI.P.G.MANU, SR.PP


     THIS    BAIL    APPLICATION    HAVING     COME   UP   FOR   ADMISSION   ON
17.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 8571 OF 2021
                              2




                          ORDER

This application is for regular bail filed by the 1st

accused in Crime No. 2879 of 2019 of Kayamkulam Police

Station registered for the offences punishable under Sections

20(b)(ii)(B) and 29 of the Narcotics Drugs and Psychotropic

Substances Act.

2. The petitioner was found in possession of 5.15 kgs

of ganja at about 6.40 p.m. on 20.11.2019 by the Sub

Inspector of Police, Kayamkulam and thereby he has been

booked for the same and is undergoing incarceration. Now

the investigation of the case is over and the Investigating

Officer has filed charge sheet before the court concerned.

3. As called for now, a report has been received from

the learned Additional Sessions Judge-II, Alappuzha stating

that there are 16 witnesses in the case and considering the BAIL APPL. NO. 8571 OF 2021

present pandemic situation, six months time is required to

dispose of the case.

4. The petitioner has been in custody since

20.11.2019.

5. Heard the learned counsel for the petitioner as

well the learned Public Prosecutor.

6. The learned counsel for the petitioner has

submitted that this petitioner has been undergoing

incarceration for the last more than 800 days. Bail had

already been granted to the other accused. Moreover, when

the case was posted for examination of CW1 on 14.01.2022,

the witness remained absent. Hence, he was not examined

before the court.

7. The total quantity of the contraband involved in

this case is 5.15 kgs of ganja. The offence committed by him

is under Section 20(b)(ii)(B) of the NDPS Act. It is true that

he is involved in another NDPS case but in that case also the BAIL APPL. NO. 8571 OF 2021

quantity involved is only intermediate quantity.

8. It is also admitted by the learned Public

Prosecutor that CW1 was not examined on the last posting

date, though summons was issued by the trial court. So, it

shows that there is every possibility to get the trial of the case

delayed further. As intermediate quantity of contraband is

involved in this case and he alone is undergoing

incarceration for more than 800 days, I find it just and proper

to accept his request for his release 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. One of the sureties shall be a close relative.

(ii) He shall co-operate with the trial of the case.

(iii) He shall appear on every posting dates without any fail, unless permitted by the court below for valid reasons.

(iv) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person BAIL APPL. NO. 8571 OF 2021

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.

(v) 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

SMA