Subin vs State Of Kerala
2023 Latest Caselaw 5615 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
              THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
       FRIDAY, THE 12TH DAY OF MAY 2023/22ND VAISAKHA, 1945
                          BAIL APPL. NO.3531 OF 2023

AGAINST THE ORDER/JUDGMENT IN CMP 278/2023 OF SPECIAL COURT
                 (NDPS ACT CASES), VADAKARA
    CRIME NO.06/2023 OF EXCISE RANGE OFFICE, KOYILANDY,
                     KOZHIKODE DISTRICT
PETITIONER/ACCUSED NO.1:

              SUBIN, AGED 27 YEARS, S/O. LATE BALAN,
              VALLIPARAMBATH(HOUSE), PALAYAD, PATHIYARAKKARA,
              VATAKARA, KOZHIKODE DISTRICT., PIN - 673105.

              BY ADVS.
              SAJEEVAN KURUKKUTTIYULLATHIL
              VISHNU PRABHAKAR V.S.
              SAJU JOSE
              RASHMI K.R.
              GAYATHRI DEVIR
              CIBIN C.VARGHESE
              ASHWIN K.U.
              AKSHAY SHYLESH


RESPONDENTS/STATE AND COMPLAINANT:

       1      STATE OF KERALA,
              REPRESENTED BY THE PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031.

       2      THE EXCISE RANGE OFFICER, KOYILANDY,
              REPRESENTED BY PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA ERNAKULAM, PIN - 682031.

              BY ADV.SRI.P.G. MANU, SR.PUBLIC PROSECUTOR


THIS       BAIL    APPLICATION     HAVING     COME   UP    FOR    ADMISSION    ON
12.05.2023,         THE    COURT   ON   THE     SAME      DAY    DELIVERED    THE
FOLLOWING:
                                       2
Bail Appl.No.3531 of 2023



                         P.G. AJITHKUMAR, J.
                        -------------------------------
                          B.A.No. 3531 of 2023
           --------------------------------------------------------
               Dated this the 12th day of May, 2023

                                ORDER

This is an application for bail filed under Section 439 of

the Code of Criminal Procedure, 1973.

2. The petitioner is the 1st accused in Crime No.6 of

2023 of Excise Range Office, Koyilandy. He allegedly had

committed an offences punishable under Section 20(b)(II)(B)

read with Sections 29 and 60(3) of the Narcotic Drugs and

Psychotropic Substances Act, 1985.

3. The prosecution case is that at about 8.30 p.m. on

18.03.2023 the petitioner, who is the 1st accused, along with

the 2nd accused was riding motor cycle bearing Reg.No.KL-18-

R-7658 and when intercepted and searched, 2.040 kgs. of

Ganja was found in their possession.

4. Heard the learned counsel for the petitioner and

the learned Public Prosecutor.

5. The petitioner would contend that he did not

involve in the alleged crime and without any material or

evidence, he has been implicated in the crime. He is innocent.

Bail Appl.No.3531 of 2023

The investigation in the matter has been progressed

considerably and there is no reason or justification for his

further detention.

6. The learned Public Prosecutor would submit that

considering the seriousness of the offence and the possibility

of interfering with the investigation by the petitioner in the

event of his release on bail, this petition deserves only to be

dismissed.

7. No doubt, the offence alleged against the petitioner

is serious in nature. It is seen that investigation in the matter

has been progressed considerably. The petitioner was arrested

on 18.03.2023 and ever since he has been in custody. It is

seen that he did not involve in any other similar offence.

Considering the aforesaid aspects and also the nature of the

offence, I am of the view that further detention of the

petitioner pending investigation and trial is unnecessary.

Therefore, the petitioner is entitled to be released on bail.

In the result, the bail application is allowed and the

petitioner is granted bail on his executing a bond for

Rs.50,000/- (Rupees fifty thousand only), with two solvent

sureties for the like amount each, to the satisfaction of the

Bail Appl.No.3531 of 2023

Special Court, subject to the following conditions:

(i) The petitioner shall not influence or intimidate witnesses or tamper with evidence;

(ii) The petitioner shall appear before the investigating officer as and when called for until filing the final report;

(iii) During the period of bail, petitioner shall not get involved in any other offence;

(iv) The petitioner shall surrender his passport before the learned Magistrate, and if he does not have a passport, he shall file an affidavit stating that fact; and

(v) The petitioner shall not leave the territorial limits of Kozhikode District, without obtaining permission of the Special Court, Vatakara, till filing of the final report.

In case of breach of the bail conditions, the prosecution

shall be at liberty to apply for cancellation of the bail before

the jurisdictional court.

Sd/-

P.G. AJITHKUMAR, JUDGE ww

Bail Appl.No.3531 of 2023

APPENDIX OF BAIL APPL. 3531/2023

PETITIONER ANNEXURES:

ANNEXURE A-1 A TRUE COPY OF ORDER IN C.M.P 278/2023 OF THE COURT OF THE SPECIAL JUDGE (N.D.P.S ACT CASES) VATAKARA DATED 13.04.2023.

ANNEXURE A2 A TRUE COPY OF THE OP TICKET NO. 26819 DATED 18.03.2023 ISSUED BY THE PRIMARY HEALTH CENTRE MANIYUR GRAMA PANCHAYAT.

ANNEXURE A-3 A TRUE COPY OF THE OP TICKET ISSUED BY THE MEDICAL OFFICER, DISTRICT HOSPITAL VADAKARA DATED 25.04.2023.