Kerala High Court
Kabeer vs State Of Kerala on 27 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
BAIL APPL. NO. 3476 OF 2022
CRIME NO.228 OF 2022 OF THADIYITTAPARAMBU POLICESTATION,
ERNAKULAM
PETITIONER/3RD ACCUSED:
SHAJAHAN T.A.
AGED 27
SON OF ALIAR,
PUTHIYAVEETTIL HOUSE, PUTHUSSERIMALA,
VADAVODE P O, KANGARAPPADI, ERNAKULAM DISTRICT,
PIN 682310
BY ADVS.
K.NIRMALAN
T.R.KRISHNADAS
RESPONDENTS/COMPLAINANT & STATE:
1 INSPECTOR OF POLICE
THADIYITTAPARAMBU POLICE STATION,
ERNAKULAM RURAL DISTRICT,, PIN - 683105
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, HIGH COURT P.O.,
ERNAKULAM- 682031
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.07.2022, ALONG WITH Bail Appl..3980/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA Nos.3476, 39802022 & connected cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
BAIL APPL. NO. 3980 OF 2022
CRIME NO.228 OF 2022 OF THADIYITTAPARAMBU POLICESTATION,
ERNAKULAM
PETITIONER/ACCUSED 2:
VAISHAK
AGED 24 YEARS
S/O SIVAM
MURIYANJODE HOUSE, KAILAS COLONY,
THEVAKAL KARA, ALUVA EAST VILLAGE,
ERNAKULAM, PIN - 682021
BY ADVS.
ANISH ANTONY ANATHAZHATH
VIJEESH K.S.
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY
THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA
ERNAKULAM - 682031
OTHER PRESENT:
SR.PP - SMT. SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.07.2022, ALONG WITH Bail Appl..3476/2022, 4088/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA Nos.3476, 39802022 & connected cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
BAIL APPL. NO. 4088 OF 2022
CRIME NO.228 OF 2022 OF THADIYITTAPARAMBU POLICESTATION,
ERNAKULAM
PETITIONER/6TH ACCUSED:
JILU E S @ VAVA
AGED 38 YEARS
SON OF SASI, PALLIPARAMBIL HOUSE,
TOG ROAD, SOUTH KALAMASSERY, NJALAKAM KARA,
THRIKKAKARA, ERNAKULAM - 682021
BY ADVS.
C.Y.VINOD KUMAR
C.ANILKUMAR (KALLESSERIL)
P.M.MANASH
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682031
BY SR PUBLIC PROSECUTOR SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.07.2022, ALONG WITH Bail Appl..3980/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA Nos.3476, 39802022 & connected cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
BAIL APPL. NO. 4091 OF 2022
CRIME NO.228 OF 2022 OF THADIYITTAPARAMBU POLICESTATION,
ERNAKULAM
PETITIONER/8TH ACCUSED:
KABEER
AGED 38 YEARS
SON OF ABBAS,
KODIYAMATTAM HOUSE, NAD P.O.,
NOCHIMA, ALUVA, ERNAKULAM - 683563
BY ADVS.
C.Y.VINOD KUMAR
C.ANILKUMAR (KALLESSERIL)
P.M.MANASH
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY PUBLIC PROSECUTOR SRI.M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.07.2022, ALONG WITH Bail Appl..3980/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA Nos.3476, 39802022 & connected cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
BAIL APPL. NO. 4207 OF 2022
CRIME NO.228 OF 2022 OF THADIYITTAPARAMBU POLICESTATION,
ERNAKULAM
PETITIONER/5TH ACCUSED:
VARGHESE V.X
AGED 32 YEARS, S/O.V.J. XAVIER
VELUTHAMANNUNGAL HOUSE
T.O.G. ROAD, RAJAGIRI P.O
SOUTH KALAMASSERY,, PIN - 683104
BY ADVS.
O.U.ANISH RAJ
DR.ABHILASH O.U.
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682031
2 SUB INSPECTOR OF POLICE
THADIYITTAPARAMBU POLICE STATION.
ERNAKULAM - 683105
BY PUBLIC PROSECUTOR SRI.M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.07.2022, ALONG WITH Bail Appl..3980/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA Nos.3476, 39802022 & connected cases
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
BAIL APPL. NO. 4476 OF 2022
CRMC 1186/2022 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM
CRIME NO.228 OF 2022 OF THADIYITTAPARAMBU POLICESTATION,
ERNAKULAM
PETITIONER/ACCUSED NO.9:
NAJEEB,S/O ALI,
AGED 35 YEARS
MURIKKASSERY HOUSE,
EDATHALA KARA, ALUVA EAST VILLAGE,
ERNAKULAM - 683563
BY ADVS.
ANITHA MATHAI MUTHIRENTHY
MIDHUN S. KARUN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA
- 682031
BY PUBLIC PROSECUTOR SMT.SEETHA S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.07.2022, ALONG WITH Bail Appl..3980/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA Nos.3476, 39802022 & connected cases
7
VIJU ABRAHAM, J.
.................................................................
B.A.Nos.3476, 3980, 4088,4091,
4207 & 4476 of 2022
.................................................................
Dated this the 27th day of July, 2022
ORDER
These are applications for regular bail.
2. BA Nos.3980 of 2022, 3476 of 2022, 4207 of 2022, 4088 of
2022, 4091 of 2022 and 4476 of 2022 are filed by accused Nos. 2, 3, 5, 6,
8 and 9 respectively in Crime No. 228 of 2022 of Thadiyittaparambu Police
Station, Ernakulam registered alleging commission of offences punishable
under Sections 20(b)(ii)(B) & (C) and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (in short, "NDPS Act").
3. The prosecution's allegation is that on 25.03.2022 at about
8.25 p.m., the 1st accused was found in possession of 1.845 kgs of ganja at
his residence in Kizhakkambalam Village. He was arrested on the spot by
the Inspector of Police, Thadiyittaparambu and his team and the
contraband items were taken into custody. Upon further investigation it has
been revealed that 70.400 kgs of ganja was transported by the accused 2
to 7 in the car bearing registration No.KL-13 K 760, and that the ganja was
recovered from the house of the 1st accused was in fact purchased by him
from the 7th accused who had procured the import of huge quantity of ganja
from the State of Orissa. Thus, the accused are alleged to have committed
BA Nos.3476, 39802022 & connected cases
the abovesaid offences.
4. The learned counsel for the petitioners sought for grant of bail
mainly contending that they have been in custody for a long and that the
final report is already filed and therefore their further custodial interrogation
is not required. They also rely on the order of this Court in B.A.No. 3069 of
2022 whereby the 4th accused was granted bail. It is also the contention
that the 7th accused is also granted bail by the Sessions Court, Ernakulam.
Yet another contention taken by few of the accused is that they have been
arrayed as accused only on the basis of the confession statement of the
co-accused which was held by the Apex court in Tofan Singh v. State of
Tamil Nadu, (2021) 4 SCC 1, that it cannot be taken into account to convict
an accused except to the extent found "relevant" under Section 53-A of the
NDPS Act and when corroborated in accordance with the law. The
petitioners also rely on the judgment of the Apex Court in State by (NCB),
Bengaluru and others v. Pullulabid Ahmad Arimutta and others, 2022
(1) KHC 853 and also Muhammed Shareef v. Narcotics Control Bureau,
2022 SCC OnLine Ker 2036.
5. Learned Public Prosecutor seriously opposed the application
for bail mainly contending that on 25.03.2022 when the police party
searched the house of the 1st accused, 1.845 kgs of ganja, which was kept
for sale, was seized along with a digital weighing machine. In connection
with the abovesaid crime accused Nos.1 to 7 were taken into custody and
BA Nos.3476, 39802022 & connected cases
from the confession statement of the 7th accused, 70.400 kgs of ganja was
recovered from the car bearing registration No. KL 13 K 760 owned by the
8th accused. A conspiracy was hatched by accused for procuring ganja from
Orissa for sale in Kerala. Thereupon, 160 Kgs of ganja from Orissa was
purchased by accused Nos. 8 and 9 with the help of the 7 th accused and
transported in the tanker lorry of the 12 th accused and out of the same 80
kgs was unloaded at Pollachi and balance 80 kgs was kept at Kalamassery
in the car owned by the 8 th accused and out of the same 9 kgs was sold by
accused Nos. 4, 5, 6 and 7 and accused Nos. 1, 2 and 3 handed over the
profit share of Rs. 24,000/- to accused Nos. 4 and 5 and out of the said
amount Rs.21,200/- was seized from the 5 th accused and out of the 2 kgs
of ganja purchased by the 1st accused from the 7th accused, 1.845 kgs was
seized from the 1st accused. Further accused Nos.8 and 9 were arrested
and accused Nos.10 and 11 who came to purchase the ganja were
arrested along with the money and also the 12th accused who brought
ganja in the tanker lorry was also arrested. As per the prosecution case,
based on an agreement between the accused, it is accused Nos.7, 8 and 9
who funded to purchase ganja from Orissa and the said ganja brought is to
be sold by accused Nos.1, 2, 3, 4, 5, 6, 10 and 11 and the profit will be
given to accused Nos.7, 8 and 9. It is further submitted that the seizure was
made perfectly in accordance with the provisions of the NDPS Act. Along
with 1.845 kgs ganja seized from the house of the 1 st accused, various
electronic weighing machines were also seized. On the basis of the
BA Nos.3476, 39802022 & connected cases
confession statement of the 7th accused, the police party went to seize
balance ganja which is kept in the vehicle and it is the prosecution case
that one person was found opening dicky of the car and two persons were
standing there and one among them was found in possession of cash to be
given to person who is opening the dicky, all the three persons were
intercepted by the police party and at this point of time another person
came out of the driving seat of the vehicle and he was also stopped and the
person who was in the driving seat was found to be one Kabeer (A8), the
person who tried to open the dicky was found to be one Najeeb (A9), the
person who was having possession of money was found to be Manu Babu
(A10) and the person who was along with him was found to be one
Maneesh (A11) and on being questioned they were found to be perplexed
and were not giving correct replies. Later on, the vehicle was examined and
ganja was seized. Maneesh and Manu Babu were taken into custody and
later on in the presence of a gazetted officer the body of Kabeer was
searched and two mobile phones were seized. Thereafter, body of Najeeb
was searched and 2 mobile phones were seized from him and Aadhar card
and a few debit cards were seized from his purse. Later the ganja was
weighed in the presence of witnesses.
6. Learned Public Prosecutor upon instructions further submitted
that most of the accused are involved in other criminal cases which
includes NDPS cases also. Learned Public Prosecutor further submits that
BA Nos.3476, 39802022 & connected cases
the investigation is going on and that the involvement of the petitioners
herein is clearly revealed in the investigation and further investigation is to
be done to probe into the other details involved in the case. Learned Public
Prosecutor further submits that bail was granted by this Court to the 4 th
accused without taking note of the fact that the quantity involved is a
commercial one and that in the present case, the rigor of Section 37 of the
NDPS Act will definitely come into play. The decision relied on by the
petitioners are not applicable in the facts and circumstances of this case.
The investigation is still progressing. Almost all the petitioners
have serious criminal antecedents. Admittedly quantity involved is a
commercial one and therefore the rigor of Section 37 of the NDPS Act will
come into play. Petitioners could not substantiate by cogent reasons that
the twin conditions in Section 37 of the NDPS Act are satisfied so as to
grant bail at this stage. All the bail applications are accordingly dismissed.
It is made clear that these prima facie observations are made
for the limited purpose of deciding this bail application and the above
opinion expressed shall not be regarded as opinion on merits, during trial.
Sd/-
VIJU ABRAHAM
JUDGE
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