Kerala High Court
Sanjay vs State Of Kerala on 22 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023/1ST AGRAHAYANA, 1945
BAIL APPL. NO. 9560 OF 2023
CRIME NO.56/2023 OF KARUNAGAPPALLY EXCISE RANGE OFFICE,
KOLLAM
AGAINST THE ORDER/JUDGMENT CRMC 2153/2023 OF DISTRICT COURT &
SESSIONS COURT,KOLLAM
PETITIONER/ACCUSED:
SANJAY
AGED 19 YEARS, S/O MEENAKSHI,
MEENAKSHI BHAVAN, VALIYAKULANGARA,
OCHIRA, KOLLAM DISTRICT., PIN - 690526
BY ADV N.SUNIL JOSEPH
RESPONDENTS/ STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM., PIN - 682031
2 THE EXCISE RANGE OFFICER
KARUNAGAPALLY EXCISE RANGE,
KARUNAGAPALLY ,
KOLLAM DISTRICT., PIN - 690518
SRI. M.C. ASHI, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.9560/2023
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MOHAMMED NIAS C.P., J.
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B.A.No. 9560/2023
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Dated this the 22nd 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 sole accused in Crime No.56/2023 of
Karunagappally Excise Range Office, Kollam District, for having
allegedly committed offences punishable under Sections 20(b)(ii)(A) and
22(b) of the Narcotic Drugs and Psychotropic Substances Act.
3. The allegation against the petitioner is that on 28.09.2023 at
5.10 PM, near Kuttippuram Junction in Ochira Village, the accused was
found in possession of 4.637 grams of MDMA and 10 grams of Ganja for
the purpose of sale 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
28/09/2023, and continued custody of the petitioner is unnecessary.
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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 quantity involved, and the fact that he has been in custody since
28/09/2023, and also since there is no apprehension raised by the
prosecution that if released on bail the petitioner is likely to abscond, I
hold that bail can be granted to the petitioner more so when no other
criminal antecedents have been reported against the petitioner.
7. 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 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.
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(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
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
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APPENDIX OF BAIL APPL. 9560/2023
PETITIONER ANNEXURES
Annexure-A1 TRUE COPY OF THE ORDER DATED
13.10.2023 IN CRL.M.C NO. 2153/2023 OF
THE HON'BLE PRINCIPAL SESSIONS COURT,
KOLLAM.
