Ajeesh vs State Of Kerala
2023 Latest Caselaw 11780 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                 BAIL APPL. NO. 9481 OF 2023
  CRIME NO.47/2021 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC
              SPECIAL SQUAD, PALAKKAD, PALAKKAD
AGAINST THE ORDER/JUDGMENT SC 214/2022 OF ADDITIONAL DISTRICT
                  COURT (ADHOC)-II, PALAKKAD


PETITIONER/ACCUSED NO.3:

         AJEESH
         AGED 43 YEARS, S/O KUTTAN
         MAARIYIL VEEDU ALUVA EAST P.O.,
         ALUVA, ERANKULAM, PIN - 683101

         BY ADVS.
         AKHIL VIJAY
         CIMIL CHERIAN KOTTALIL


RESPONDENTS/ STATE:

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

    2     EXCISE RANGE OFFICER, PALAKKAD
          EXCISE ENFORCEMENT &
          ANTI NARCOTIC SPECIAL SQUAD EXCISE TOWER,
          DURGA NAGAR, KENATHUPARAMBU,
          KUNATHURMEDU,
          PALAKKAD, KERALA, PIN - 678001


          SRI. M.C ASHI, PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.9481/2023
                                     ..2..


                    MOHAMMED NIAS C.P., J.
                     ---------------------
                          B.A.No. 9481/2023
           ---------------------------
                  Dated this the 16th day of November, 2023

                               ORDER

This application is filed under Section 439 of the Code of Criminal

Procedure, seeking regular bail.

2. The petitioner is the 3rd accused in Crime No. 47/2021 of

Excise Enforcement and Anti Narcotic Special Squad, Palakkad District,

for having allegedly committed offences punishable under Sections 20(b)

(ii)(c), 27A, 28, 29 and 30 of the Narcotic Drugs and Psychotropic

Substances Act.

3. The allegation against the petitioner is that the accused 1 to

10 entered into a criminal conspiracy for possessing and transporting

ganja from Andhra Pradesh to Kerala, and in furtherance of their

conspiracy amongst themselves, accused nos. 6,7 and 8 arranged for

financial aid to purchase the Ganja, and the first accused transported the

Ganja from Andhra Pradesh with the assistance of accused nos. 2 to 6, 9

and 10 on a tourist bus driven by the 01st accused and in two cars during

which they were intercepted by the second respondent on 12/09/2021 at B.A.No.9481/2023 ..3..

about 07:25 am along the Salem-Kanyakumari NH at Padinjare Yakkara

whereupon inspection altogether 145.5 kgs of dried Ganja was found and

seized and thereby, the petitioner committed the alleged offences.

4. The learned counsel appearing for the petitioner submitted

that the petitioner is totally innocent and falsely implicated with ulterior

motives. At any rate, he points out that the accused is in custody from

12/09/2021, and continued custody of the petitioner is unnecessary.

5. The learned public prosecutor opposed the petition.

6. After having considered the submissions of the learned

counsel for the petitioner and learned Public Prosecutor and considering

the fact that accused Nos.1 and 4, arrested on 12/09/2021, were granted

bail and also noting the submission of the learned counsel for the

petitioner that except him all other accused persons are released and also

since there is no apprehension raised by the prosecution that if released

on bail the petitioner is likely to abscond, on the grounds of parity and

also for the reasons set out in those orders in particular in the order in

B.A.No.6462/2023, I am inclined to grant bail to this petitioner as well

more so when no other criminal antecedents have been reported against

the petitioner.

7. Accordingly, this application is allowed, and the petitioner is B.A.No.9481/2023 ..4..

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 directed to appear.

(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 or leave the Country without the prior permission of the Court

concerned.

(v) The petitioner shall surrender his passport, if any, within

seven days from the date of his release before the Court concerned, and if

the release of the passport is required at the later period, the petitioner

shall be at liberty to move an appropriate application for the same before

the court having jurisdiction. If he has no passport, he shall file an

affidavit to that effect before the court concerned on the date of execution

of the bond or within three days thereafter.

(vi) The petitioner shall furnish his present address, along with

his mobile phone number, to the court concerned as well as to the B.A.No.9481/2023 ..5..

investigating officer.

If any of the conditions are violated, the court concerned will be

empowered to take steps for cancellation of bail as per law;

Sd/- MOHAMMED NIAS C.P.

JUDGE

APA B.A.No.9481/2023 ..6..

                   APPENDIX OF BAIL APPL. 9481/2023

PETITIONER ANNEXURES
Annexure A1       A TRUE COPY OF THE ORDER OF THE
                  HONORABLE HIGH COURT OF KERALA IN BAIL
                  APPL. NO. 6490 OF 2023 DTD 04/10/2023
Annexure A2       A TRUE COPY OF THE ORDER THE HONORABLE
                  HIGH COURT OF KERALA IN BAIL APPL.
                  NO.6462 OF 2023 DTD 10/10/2023