Rahul vs State Of Kerala
2023 Latest Caselaw 11785 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. 7670 OF 2023
 CRIME NO.864/2022 OF PANDALAM POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER/JUDGMENT SC 963/2022 OF ADDITIONAL DISTRICT
        COURT & SESSIONS COURT - II, PATHANAMTHITTA /
                       II ADDL.M.A.C.T.
PETITIONER/ACCUSED NO.1:

         RAHUL
         AGED 30 YEARS
         S/O. RAMACHANDRAN, GOKULAM,
         PARAKKODU MURI,
         PARAKKODU POST, ADOOR,
         PATHANAMTHITTA DISTRICT., PIN - 691554

         BY ADVS.
         BALAMURALI K.P.
         HARIPRIYA.M


RESPONDENT/COMPLAINANT:

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


          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.7670/2023
                                   ..2..


                   MOHAMMED NIAS C.P., J.
                    ---------------------
                         B.A.No. 7670/2023
           ---------------------------
                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 1st accused in Crime No. 864/2022 of

Pandalam Police Station, Pathanamthitta District, for having allegedly

committed offences punishable under Sections 22(C), 60(3), 8(C) and 29

of the Narcotic Drugs and Psychotropic Substances Act.

3. The prosecution case, in short, is that, on 30/07/2022 at

about 1.16 p.m., the Sub-Inspector of Police of Pandalam Police Station,

Sreejith, while doing official duties received secret information within

from jurisdiction of Pandalam Police Station that MDMA was kept in

possession and was sold at Room No.106 in River Walk Hotel, Pandalam.

He wrote the information on a white paper, and a copy of it was sent

through Civil Police Officer No. 2815 to SHO. Thereafter, he proceeded

to the Hotel along with police personnel, including women, prepared a

search memo with witnesses, and entered Room No. 106, allegedly found B.A.No.7670/2023 ..3..

in the room Accused Nos. 1, 2, and 3. The police officer allegedly

informed them that he had received information that those three people

had possessed MDMA, and then he allegedly told them the right to

demand to be searched in the presence of either the Gazetted Officer or

Magistrate by issuing notice independently to each of them. While the

detecting officer waited for Adoor Tahazildar, A4 and A5 allegedly came

to the room. A4 had carried a shoulder bag when he entered the room. All

of them were searched in the presence of a Gazetted Officer. Thereupon,

the detecting officer seized 1.830 grams and 2.640 grams of MDMA

contained in two packets that were kept in the left pocket of jeans pants

worn by 1st accused. 151.490 grams of MDMA contained in a plastic

cover kept in a shoulder bag allegedly carried by the 4th accused was also

seized, and all contraband was sealed. In due course, the contraband

seized was produced before the concerned court, sampling was done, and

the same was sent for chemical analysis in violation of rules and

guidelines.

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

31/07/2023, and continued custody of the petitioner is unnecessary. B.A.No.7670/2023 ..4..

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 allegations against this accused that accused No.4 had given

contraband to accused No.1. It is seen that accused No.4 has been granted

bail by order in B.A.No.9363/2023 dated 25/10/2023, it is also seen that

accused Nos.3, 4, 5, 6, 7 and 8 are already released as per orders passed

by this Court and the fact that he has been in custody since 31/07/2023,

and also since there is no apprehension raised by the prosecution that if

released on bail the petitioner is likely to abscond. Under such

circumstances, I am inclined to grant bail to this petitioner as well on

grounds of parity.

Accordingly, this application is allowed, and the petitioner is

granted bail subject to the following conditions:-

(i) Petitioner shall execute a bond for a sum of Rs.1,00,000/-

(Rupees One Lakh only) with two solvent sureties each for the like-sum

to the satisfaction of the jurisdictional court.

(ii) He shall appear before the investigating officer in Crime

No.864 of 2022 of Pandalam Police Station, Pathanamthitta District, on

all second Saturdays at 11.00 a.m. till completion of the trial. B.A.No.7670/2023 ..5..

(iii) He shall appear before the trial court on all posting dates

without fail, except specifically exempted by the court.

(iv) He shall not leave the State of Kerala without obtaining prior

permission from the jurisdictional Court.

(v) He shall surrender his passport before the jurisdictional

Court. If the petitioner does not have a passport, he shall execute an

affidavit to that effect and file the same before the said court within seven

days of release on bail;

(vi) He shall not attempt to interfere with the investigation or to

influence any witness in the above said crime;

(vii) He shall not be involved in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating

officer in Crime No.864 of 2022 of Pandalam Police Station,

Pathanamthitta District, may file an application before the jurisdictional

court for cancellation of bail.

Sd/-

MOHAMMED NIAS C.P.

JUDGE APA B.A.No.7670/2023 ..6..

APPENDIX OF BAIL APPL. 7670/2023

PETITIONER'S ANNEXURES Annexure 1 THE TRUE COPY OF THE BAIL ORDER OF THE HON'BLE APEX COURT IN SPECIAL LEAVE APPEAL (CRL.) NO. 4169/2023 DATED 13/07/2023.

Annexure 2(series) THE TRUE COPY OF THE PHOTOGRAPHS OF THE FAMILY OF THE PETITIONER (HIS WIFE AND DAUGHTER).