Kerala High Court
Rithik vs State Of Kerala on 3 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
BAIL APPL. NO. 3927 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMP 1293/2022 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - III,
ALAPPUZHA / III ADDITIONAL MACT, ALAPPUZHA
PETITIONER/ACCUSED NO.4:
SWARAJ
AGED 23 YEARS, SWARAJ, S/O MOHANAN, AGED 23
YEARS, PATTANATHARA, WARD-23, ELAMKUNNAPUZHA,
ERNAKULAM., PIN - 682503
BY ADVS.
ANITHA MATHAI MUTHIRENTHY
MIDHUN S. KARUN
BINCY JOSE
RESPONDENT/DEFACTO COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
PP - SRI. M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 03.06.2022, ALONG WITH Bail Appl..4196/2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
BA. No.3927/2022 &
BA. No.4196/2022
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
BAIL APPL. NO. 4196 OF 2022
CRIME NO.166/2022 OF ARTHUNKAL POLICE STATION, ALAPPUZHA
PETITIONER/ACCUSED NO.1:
RITHIK
AGED 21 YEARS, S/O PETER, PULICKAL HOUSE,
KUMBALANGHI, KOCHI - , PIN - 682007
BY ADV ANITHA MATHAI MUTHIRENTHY
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA - , PIN - 682031
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 03.06.2022, ALONG WITH Bail Appl..3927/2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
BA. No.3927/2022 &
BA. No.4196/2022
..3..
ORDER
Dated this the 3rd day of June, 2022
These are applications for Regular Bail.
2. BA. No.4196/2022 is filed by the 1 st accused and
BA. No.3927/2022 is filed by the 4th accused, In Crime
No.166/2022 of the Arthunkal Police Station, Alappuzha,
alleging commission of offences punishable under Sections
20(b)(ii)B and 29 of the Narcotic Drugs and Psychotropic
Substances Act.
3. Prosecution allegation is that, on 11.03.2022 at
7.20A.M, at Arthunkal Fish Landing Centre, the police team,
who were acting on a tip of, found A1 and A2 standing near a
bullet. The police team searched their body. A1 was found in
possession four small bottles of Hashish oil in the right pocket
of his trouser and A2 was found in possession of 3 bottles of
Hashish oil. Another 42 sachets of Hashish oil was found kept
in the motorcycle bearing No.KL-43 K/8155 and thereby the
accused have committed the offences mentioned above.
4. It is submitted that A1/petitioner in BA.
BA. No.3927/2022 &
BA. No.4196/2022
..4..
No.4196/2022 was arrested on 11.03.2022, where as
A4/petitioner in BA.No.3927/2022 was arrested on
03.04.2022. It is further submitted that the 2 nd accused was
granted bail by the Sessions Court, Alappuzha and the accused
No.3 was granted bail by this Court in BA. No.3907/2022 on
27.05.2022.
5. The learned Public Prosecutor, upon instruction,
submitted that charge sheet is already laid. Taking into
consideration and all these aspects and further that the
petitioner in BA. No.4196/2022 is detained judicial custody
from 11.03.2022 and the petitioner in BA. No.3927/2022 is
detained from 03.04.2022, and further that, accused Nos. 2
and 3 have already been granted bail, I am inclined to grant
bail to the petitioners on the following conditions:
(i) The petitioner shall execute 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;
BA. No.3927/2022 &
BA. No.4196/2022
..5..
(ii) The petitioner shall not attempt to
interfere with the investigation or to influence
or intimidate any witness in Crime
No.166/2022 of Arthunkal Police Station;
(iii) 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.166/2022 of
Arthunkal Police Station, Alappuzha may file an
application before the jurisdictional Court, for
cancellation of bail.
Sd/-
VIJU ABRAHAM,
JUDGE
ded/03.06.2022
BA. No.3927/2022 &
BA. No.4196/2022
..6..
APPENDIX OF BAIL APPL. 4196/2022
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE ORDER DATED 27.5.2022
IN CRL.M.P. NO. 1441/2022
BA. No.3927/2022 &
BA. No.4196/2022
..7..
APPENDIX OF BAIL APPL. 3927/2022
PETITIONER ANNEXURES
Annexure1 PETITIONER PREFERRED CRL.M.P NO.
1293/2022 BEFORE THE HONOURABLE
SESSIONS JUDGE, ALAPPUZHA SEEKING BAIL
AND IT WAS DISMISSED BY THE HONOURABLE
SESSIONS COURT. A TRUE COPY OF THE
ORDER DATED 16.5.2022 IN CRL.M.P NO.
1293/2022 IS PRODUCED HEREWITH AND
MARKED AS ANNEXURE A1.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
