Kerala High Court
Dheekshit vs State Of Kerala on 9 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
BAIL APPL. NO. 4153 OF 2023
AGAINST THE ORDER IN S.C.NO.378/2022 OF II ADDITIONAL
DISTRICT COURT,ERNAKULAM
IN CRIME NO.36/2021 OF EXCISE RANGE OFFICE, ERNAKULAM
PETITIONER:
DHEEKSHIT
AGED 25 YEARS
S/O PRADEEP KUMAR,
PADINJRECHALIYADATH (H),
KOODUTHUMPOYIL KAKKODI,
KOZHIKODE DISTRICT-, PIN - 673611
BY ADVS.
MILLU DANDAPANI
THOMAS C.ABRAHAM
RONIT ZACHARIAH
S.VISHNU
RAMEEZ NOOH
RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA ,
ERNAKULAM, PIN - 682031
2 CIRCLE INSPECTOR OF EXCISE
ERNAKULAM, PIN - 682308
B.A.No.4153 of 2023
2
BY ADV
MANU P.G
PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.4153 of 2023
3
BECHU KURIAN THOMAS, J.
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B.A.No.4153 of 2023
==================
Dated this the 9thday of June, 2023
ORDER
This is an application for regular bail filed under Section
439 of the Code of Criminal Procedure, 1973.
2. Petitioner is the 20th accused in Crime No.36/2021 of Excise
Range Office, Ernakulam. He is alleged to have committed offences
under Sections 22(c), 25, 27A and Section 29 of the Narcotic Drugs
and Psychotropic Substances Act, 1985.
3. According to the prosecution, the accused, in furtherance of
the criminal conspiracy hatched among themselves, were found in
possession of 83.896 gram of Methamphetamine Hydrochloride on
19.08.2021, and thereby committed the offences alleged.
4. Sri. Millu Dandapani, the learned counsel for the petitioner
contended that, the prosecution allegations are false and the
petitioner has been wrongly arrayed as an accused. It was further
submitted that, even going by the prosecution allegations petitioner is
alleged to have provided financial assistance to the main accused and
thereby committed the offences alleged. According to the learned
counsel, as per Annexure A3 order of the Supreme Court in
B.A.No.4153 of 2023
S.L.P.No.12116/2022 the petitioner therein who was the 15 th accused
was granted bail, after noticing that the said accused was arrested on
23.10.2021 and there are 113 prosecution witnesses to be examined.
It was also noticed that the said petitioner had no antecedents as well.
According to the learned counsel, the petitioner in the present bail
application is similarly situated, having been arrested on 06.11.2021,
and hence he also ought to be granted the same benefit as that of the
said accused.
5. Sri. Manu.P.G the learned Public Prosecutor submitted that,
the prosecution allegations against the petitioner are serious and that
he is alleged to have committed very serious crime. It was further
submitted that petitioner has a criminal antecedent in the form of
Crime No.482/2016 under Section 279 of I.P.C and 185 of the Motor
Vehicles Act and therefore, he ought not be given the same benefit as
that of Annexure A3 order of the Supreme Court.
6. I have considered the rival contentions and also perused the
final report filed in Crime No.36/2021 of Excise Range Office,
Ernakulam.
7. In the order dated 17.04.2023, the Supreme Court had
granted bail to the 15th accused in the very same crime, after noticing
that the allegations against the said accused was providing financial
assistance to the main accused in the case. It was further noticed in
B.A.No.4153 of 2023
the same judgment that, even though the final report was filed on
11.02.2022, there are 113 prosecution witnesses. No doubt, petitioner
is almost similarly situated, as the allegations against him is also for
providing financial assistance to the main accused. Petitioner was
arrested on 06.11.2021 and has been in custody since then. As
noticed by the Supreme Court in the order in S.L.P.No.12116/2022,
granting bail to the 15th accused, there are 113 prosecution witnesses.
Till date the trial has admittedly not started.
8. In view of the above, this Court is of the view that petitioner
must also be given the same benefit as that in Annexure A3 order of
the Supreme Court.
Accordingly, this application is allowed on the following
conditions:-
a) Petitioner shall be released on bail on him 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 court having jurisdiction.
b) Petitioner shall co-operate with the trial of the case.
c) Petitioner shall not intimidate or attempt to influence the
witnesses; nor shall he attempt to tamper with the
evidence.
d) Petitioner shall not commit any other offences while he is
on bail.
B.A.No.4153 of 2023
e) Petitioner shall not leave the country without the
permission of the jurisdictional Court.
In case of violation of any of the above conditions, the
jurisdictional Court shall be empowered to consider the application for
cancellation, if any, and pass appropriate orders in accordance with
the law, notwithstanding the bail having been granted by this Court.
BECHU KURIAN THOMAS
JUDGE
jka/09.06.2023.
