Kerala High Court
Vishnu vs State Of Kerala on 8 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
BAIL APPL. NO. 3851 OF 2022
CRIME NO.381/2022 OF Vadakara Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT IN CRMP 289/2022 OF SPECIAL COURT
(NDPS ACT CASES), VADAKARA
PETITIONER/S:
VISHNU
AGED 20 YEARS
S/O. PRAMODEKUMAR, AGED 20 YEARS, RESIDING AT
RAMATH KANAVIL HOUSE, P.O. ERAMALA, VIA. VATAKARA,
KOZHIKODE, PIN - 673501
BY ADVS.S.K.PREMRAJ
P.M.MANASH
REENU KURIAN
C.ANILKUMAR (KALLESSERIL)
NEEMA NOOR MOHAMED
V.SARITHA
JAIN VARGHESE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
VATAKARA POLICE STATION, VATAKARA, PIN - 673101
BY PP - SRI.M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 08.06.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A. No. 3851 of 2022 :2:
VIJU ABRAHAM, J.
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B.A. No.3851 of 2022
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Dated this the 8th day of June, 2022
ORDER
The petitioner is arrayed as the 1 st accused in Crime No.381/2022
of Vatakara Police Station, alleging commission of offence punishable
under Sections 20(b)(ii) (A) and 22(b) read with Section 29 of the
Narcotic Drugs and Psychotropic Substances Act, 1985.
2. The allegation of the prosecution is that on 19.04.2022 at
1.15 pm, the accused was found in possession of 4.650 gms of MDMA
and 9gms of Ganja transported in a motor cycle bearing registration
No.KL18Y 1812 at Vatakara Railway Quarters Road and thereby
committed the offence as alleged. The petitioner was arrested on
19.04.2022 and has been remanded to judicial custody. He moved an
application for bail before the Court of Special Judge (NDPS Act Cases)
Vatakara, which was dismissed as per Annexure-1 order dated
06.05.2022.
3. The contention of the learned counsel for the petitioner is
that, even going by the case of the prosecution, only 9 gms of Ganja was
seized from the motor cycle owned by the petitioner. The petitioner
contend that he is innocent of the charges levelled against him and that
he has no other criminal antecedents. It was also submitted that
petitioner is an M.Tech student undergoing his studies at Bangalore.
4. Learned Public Prosecutor opposes the bail application
mainly contending that investigation is still going on and on this time
the petitioner shall not be released on bail. Having regard to the facts
and circumstances of the case and considering the nature of the
allegations and considering the fact that the petitioner is a student and
that he is under detention from 19.4.2022 onwards, I am inclined to
grant bail to the petitioner 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;
(ii) Petitioner shall appear before the investigating officer
in Crime No.381/2022 of Vatakara Police station on
every Saturday at 11 am until filing of final report.
(iii) The petitioner shall not attempt to interfere with the
investigation or to influence or intimidate any witness in
Crime No.381/2022 of Vatakara police station;
(iv) 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.381/2022 of Vatakara police station may file an
application before the jurisdictional court, for cancellation of bail.
Bail application is allowed.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
APPENDIX OF BAIL APPL. 3851/2022
PETITIONER ANNEXURES
Annexure A-1 TRUE COPY OF THE ORDER DT. 06.05.2022 IN
CRL.M.P. NO. 289 OF 2022 ON FILES OF THE
HON'BLE SPECIAL JUDGE (NDPS CASES),
VATAKARA
