Kerala High Court
Jaya vs State Of Kerala on 8 December, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
BAIL APPL. NO. 10325 OF 2023
CRIME NO.27/2023 OF North Paravur Excise Range Office, Ernakulam
AGAINST THE ORDER/JUDGMENT CRMC 2858/2023 OF DISTRICT COURT &
SESSIONS COURT, ERNAKULAM
PETITIONER
JAYA,
AGED 28 YEARS
W/O. JOSE, CHOORAMKUZHI HOUSE, VELLIYATHUMPARAMBU,
NAYARAMBALAM, ERNAKULAM DISTRICT, PIN - 682509
BY ADVS.
P.M.HABEEB
SILPA V. CHANDRAN
YESMA D. ELAVANTHARA
AKHILA JOSEPH
RESPONDENTs
STATE OF KERALA,
1 REP. BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM, PIN - 682031
EXCISE RANGE OFFICER,
2
NORTH PARAVUR,ERNAKULAM, PIN - 683513
OTHER PRESENT:
SMT. T.V. NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 10325 of 2023
2
MOHAMMED NIAS C.P, J.
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B.A. No. 10325 of 2023
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Dated this the 8th day of December, 2023
ORDER
This application is filed under Section 439 of the Code of
Criminal Procedure seeking regular bail.
2. The petitioner is the 2nd accused in Crime No.27 of
2023 of Excise Range Office, North Paravur, for having
committed offences punishable under Section 20(b)(ii)(C) and 29
of the NDPS Act.
3. The allegation against the petitioner is that on 5.6.2022
at about 2.45 p.m, the Excise Inspector, Excise Range Office,
North Paravur and party seized 21.200 kg of ganja and a
motorcycle bearing Reg.No.KL17 V 7843 from the house
No.28/293 of Vadakkekkara Panchayat and arrested the 1st and
2nd accused. Hence, the accused are alleged to have
committed the offences mentioned above.
4. The learned counsel appearing for the petitioner would
say that the petitioner is totally innocent and falsely implicated
with ulterior motives. At any rate, he points out that the petitioner
is in custody from 05.06.2023 and continued custody of the
petitioner is unnecessary. It is also submitted that the petitioner
is the wife of the 1st accused, from whom 21.200 kg of ganja
was seized. They have two kids and are now living with their
grandmother, as both parents are in jail. The learned counsel
also submits that the seizure was from the dining hall and that
accused No.3 has already been granted bail.
5. The learned public prosecutor opposed the petition and
points out that the petitioner is not entitled to get bail.
6. After considering the submissions of the learned counsel
for the petitioner and the learned Public Prosecutor and taking
note of the peculiar facts and circumstances of the case, where
the petitioner is in custody along with her husband, and their two
children are being looked after by their grandmother. She has
been in custody since 05.06.2023, and I notice the contention of
the petitioner that she has no knowledge, even of the contraband
kept in their house. Given the above facts and considering the
quantity of contraband involved, the rigour under Section 37 of
the NDPS Act is diluted. There is no apprehension raised by the
prosecution that if she is released on bail, the petitioner is likely
to abscond; I hold that bail can be granted to the petitioner. It is
also to be noted that no other criminal antecedents have been
reported against the petitioner.
Accordingly, this application is allowed, and the petitioner
is granted bail subject to the following conditions:-
(i) The petitioner shall be released on bail on executing a bond for
Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties
each for the like sum to the satisfaction of the jurisdictional court;
(ii) The petitioner shall report before the Investigating Officer as and
when required to do so.
(iii) The petitioner shall not tamper or attempt to tamper with the
evidence or influence or try to influence the witnesses.
(iv) The petitioner shall not be involved in any other crime while
on bail.
(v) If any of the conditions are violated, the court concerned shall
be empowered to take steps for cancellation of bail as per law.
Sd/-
MOHAMMED NIAS C.P
smm JUDGE
APPENDIX OF BAIL APPL. 10325/2023
PETITIONER ANNEXURES
TRUE COPY OF THE ORDER DATED ON
Annexure A 8/11/2023 IN CRL.M.C. NO. 2858/2023
BEFORE THE SESSIONS COURT
