Shibu vs State Of Kerala
2023 Latest Caselaw 5255 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    THURSDAY, THE 20TH DAY OF APRIL 2023 / 30TH CHAITHRA, 1945
                       BAIL APPL. NO. 2045 OF 2023
    AGAINST THE ORDER/JUDGMENT IN CRMP 5131/2022 OF ADDITIONAL
                   DISTRICT COURT (ADHOC) III, PALAKKAD
PETITIONER/ACCUSED NO.1:

            SHIBU
            AGED 30 YEARS
            S/O.KUNJANKUTTY, KURUPATH HOUSE, MUNDAKODE,
            CHANDRANAGAR, PALAKKAD, PIN - 678007

            BY ADV V.A.JOHNSON (VARIKKAPPALLIL)


RESPONDENT/COMPLAINANT:

            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM - 682301

            SR.PP- SRI. C.N PRABHAKARAN


     THIS   BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
20.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 2045 OF 2023


                                  -2-

                               ORDER

Petitioner is the accused in Crime No.101/2020 of Kasaba Police

Station, Palakkad. The offences alleged against the petitioner is under

Section 20(a) of Narcotic Drugs and Psychotropic Substances Act. The

allegation against the petitioner is that, he along with other accused,

were found cultivating Cannabis plants in the property of CW 9, 10,

and 11 and thereby committed the offences.

2. Earlier, petitioner was arrested on 13.10.2020, and

thereafter he was released on bail as per order dated 14.11.2020,

passed by the Principle Sessions Court, Palakkad. The aforesaid bail

was granted subject to certain conditions and one of the conditions

was to the effect that he shall not commit any similar officence while

on bail. However, subsequently, petitioner got involved in Crime

No.64/2022 of Kasaba Police Station registered for the offences

punishable under Section 506(i) and 294(b) of the same Act. On the

basis of the same, an application was submitted by the Station House

Officer concerned for cancellation of bail granted to the petitioner.

Accordingly, the learned Sessions Judge cancelled the bail, and BAIL APPL. NO. 2045 OF 2023

consequently, petitioner was arrested on 04.08.2022. Since then, the

petitioner has been under detention. This application is submitted in

such circumstances seeking regular bail.

2. Heard Sri. V.A,Johnson, learned Counsel appearing for the

petitioner, and Sri. C.N.Prabhakaran, learned Public Prosecutor

appearing for the Sate.

3. The learned Counsel for the petitioner submits that the

petitioner was co-operating with the investigation and the bail was

canceled only because of the reason that he happened to be involved in

another case. It is pointed out that the offences in the subsequent

crime are bailable in nature and the allegations are minor as well.

Petitioner submits that he is prepared to abide by any condition that

may be imposed by this Court.

4. On the other hand, learned Public Prosecutor opposed the

aforesaid contention by pointing out that the petitioner has misused

the liberty granted by the Court and therefore, bail cannot be granted

to the petitioner.

5. I have gone through the records. It is true that, the petitioner BAIL APPL. NO. 2045 OF 2023

got involved in another crime consequent to the release of the

petitioner on bail. However, the offences are not very serious and are

bailable as well. The petitioner is in detention since 04.08.2022.

6. In such circumstances, taking note of the period of detention

petitioner had already undergone and the minor nature of the offences

alleged against the petitioner in the subsequent offences, I deem it

appropriate to grant the prayer sought for by the petitioner.

Accordingly, this bail application is allowed and the petitioner shall be

released on bail subject to the following conditions:

1) The petitioner shall be released on bail on executing a

bond for Rs.1,00,000/- (Rupees One Lakh only) with two

solvent sureties each for the like sum to the satisfaction of

the jurisdictional Court.

2) The petitioner shall comply with all the conditions

imposed upon him while he was released on bail on the

earlier occasions.

3) The petitioner shall appear before the Investigating

Officer as and when required.

BAIL APPL. NO. 2045 OF 2023

4) The petitioner shall not commit any offence of similar

nature while on bail.

5) The petitioner shall not make any attempt to contact

any of the prosecution witnesses, directly or through any

other person, or any other way try to tamper with the

evidence or influence any witnesses or other persons

related to the investigation.

6) The petitioner shall not leave the State of Kerala

without the permission of the jurisdictional court.

7) The petitioner shall surrender his passport before the

Jurisdictional court and, in case he does not have a

passport, an affidavit to that effect shall be filed.

In case of violation of any of the above conditions, the

jurisdictional Court shall be empowered to consider the application for

cancellation of bail, if any, and pass appropriate orders in accordance

with the law.

Sd/- ZIYAD RAHMAN A.A.

JUDGE uu/20.04.2023 BAIL APPL. NO. 2045 OF 2023

APPENDIX OF BAIL APPL. 2045/2023

PETITIONER ANNEXURES Annexure1 FREE COPY OF THE ORDER IN CRL.M.P.NO.5131/2022 IN S.C.NO.171/2021 OF THE COURT OF ADDL.SESSIONS JUDGE-III, PALAKKAD DATED 10.01.2023