Arun vs State Of Kerala
2022 Latest Caselaw 5117 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
                       BAIL APPL. NO. 3402 OF 2022
PETITIONER/S:

     1      ARUN
            AGED 27 YEARS
            SON OF RADHAKRISHNAN, PULICKAL HOUSE, PADAKULAM DESOM,
            KODUNGALLOOR (P.O),
            THRISSUR DISTRICT., PIN - 680664

     2      ADARSH
            AGED 21 YEARS
            SON OF SIDHARTHAN, KAREMPARAMBIL HOUSE, VEMBALLUR (P.O),
            KODUNGALLOOR, THRISSUR DISTRICT,, PIN - 680671

            BY ADV NIREESH MATHEW



RESPONDENT/S:

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

            BY ADV PUBLIC PROSECUTOR



OTHER PRESENT:

            SRI SANAL P.RAJ- P.P




    THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.3402 of 2022
                                       2

                           P.V.KUNHIKRISHNAN, J
                         --------------------------------
                              B.A.No.3402 of 2022
                          -------------------------------
                      Dated this the 6th day of May, 2022


                                  ORDER

This Bail Application is filed under Section 439 of Criminal

Procedure Code.

2. Petitioners are the accused in Crime No.440 of 2022 of

Kodungalloor Police Station registered against the petitioner alleging

offences punishable under Section 20(b)(ii)B of the Narcotic Drugs

and Psychotopic Substances Act 1985.

3.The prosecution case is that on 21.04.2022 at 2.55 pm, the

accused persons were found in possession of .870 kg of Hashish oil

and thereby they have committed the offence. The petitioners were

arrested on 21.04.2022.

4. Heard counsel for the petitioners and the Public Prosecutor.

The Counsel for the petitioners submitted that the petitioners have

not committed any offence. The Counsel submitted that even if the

prosecution case is accepted, only intermediary quantity is possessed B.A.No.3402 of 2022

by the petitioners. The Counsel submitted that petitioners are in

custody from 21.04.2022. The Public Prosecutor opposed the bail

petition. But the Public Prosecutor conceded that there is no criminal

antecedence to the petitioners and the contraband in possession of

the petitioners is only intermediate quantity. Considering the facts and

circumstances of the case and also considering the fact that the

petitioners are in custody from 21.04.2022 onwards, I think bail can

be granted to the petitioners with stringent conditions.

5. Moreover, it is a well accepted principle that the bail is the

rule and the jail is the exception. The Hon'ble Supreme Court in

Chidambaram. P v Directorate of Enforcement (2019 (16)

SCALE 870), after considering all the earlier judgments, observed

that, the basic jurisprudence relating to bail remains the same

inasmuch as the grant of bail is the rule and refusal is the exception

so as to ensure that the accused has the opportunity of securing fair

trial.

6. Considering the dictum laid down in the above decision and

considering the facts and circumstances of this case, this Bail

Application is allowed with the following directions: B.A.No.3402 of 2022

1. Petitioners shall be released on bail on

executing a bond for Rs.50,000/- (Rupees Fifty

Thousand only) each with two solvent sureties each

for the like sum to the satisfaction of the

jurisdictional Court.

2. The petitioners shall appear before the

Investigating Officer for interrogation as and when

required. The petitioners shall co-operate with the

investigation and shall not, directly or indirectly

make any inducement, threat or promise to any

person acquainted with the facts of the case so as to

dissuade them from disclosing such facts to the

Court or to any police officer.

3. Petitioners shall not leave India without

permission of the jurisdictional Court.

4. Petitioners shall not commit an offence

similar to the offence of which they are accused, or

suspected, of the commission of which they are

suspected.

B.A.No.3402 of 2022

5. Petitioners shall appear before the

Investigating Officer on all Mondays, Wednesdays

and Fridays at 10 am till final report is filed.

6. If any of the above conditions are violated by the

petitioners, the jurisdictional Court can cancel the

bail in accordance to law, even though the bail is

granted by this Court.

Sd/-

P.V.KUNHIKRISHNAN,

JUDGE

Nsd B.A.No.3402 of 2022

APPENDIX OF BAIL APPL. 3402/2022

PETITIONER ANNEXURES

Annexure1 TRUE PHOTOCOPY OF THE FIRST INFORMATION REPORT IN CRIME NO.440/2022 OF KODUNGALLUR POLICE STATION DATED 21.04.2022