Kerala High Court
Santhosh K P vs State Of Kerala on 26 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
BAIL APPL. NO. 9107 OF 2023
CRIME NO.20 OF 2023 OF FEROK EXCISE RANGE OFFICE, KOZHIKODE
AGAINST THE ORDER/JUDGMENT CRMC 954/2023 OF SPECIAL COURT (NDPS ACT CASES),
VADAKARA
PETITIONER/S:
SANTHOSH K P
AGED 36 YEARS
S/O PADMANABHAN,ARATHIL(H) PERUMANNA,KOZHIKODE,, PIN - 673019
BY ADV K.REEHA KHADER
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN -
682031
OTHER PRESENT:
SMT. T.V. NEEMA SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.10.2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.9107 OF 2023
2
O R D E R
This is an application filed under Section 439 of the Code of
Criminal Procedure, 1973, seeking regular bail.
2. The petitioner is the accused in Crime No.20/2023 of
Ferok Excise Range Office, Kozhikode district, for having
committed offences punishable under Sections 20(b)(ii)(B) of the
Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The prosecution case is that on 05/09/2023 at 11.15 AM,
the petitioner was found in conscious possession of 2.150 kg of
Ganja kept in house No.14/1031 A of Peruvayal Grama Panchayat
occupied by him thereby, the accused committed the above
offence.
4. The learned counsel appearing for the petitioner would
say that the petitioner is innocent and falsely implicated with
ulterior motives. At any rate, he points out that the petitioner has
been in custody since 05.09.2023, 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
BAIL APPL. NO.9107 OF 2023
counsel for the petitioner and learned Public Prosecutor and
considering the nature of the allegations, taking into account the
fact that he has been in custody since 05.09.2023, the quantity
involved and also the fact that the petitioner has no antecedents
and no apprehension being raised by the prosecution that if
released on bail the petitioner is likely to abscond, I am inclined
to grant bail.
Accordingly, this application is allowed, and the petitioner is
granted bail subject to the following conditions:-
1.The petitioner shall be released on bail on
executing a bond for Rs.1,00,000/- (Rupees One
lakh only) with two solvent sureties each for
the like sum to the satisfaction of the court
having jurisdiction;
2.He shall appear before the Investigating
Officer on all Saturdays between 9 a.m. and
11 a.m. for three months and thereafter as and
when directed to appear.
3.He shall not intimidate or attempt to influence
the witnesses, nor shall tamper with the
evidence or do anything that might adversely
BAIL APPL. NO.9107 OF 2023
affect the trial;
4.He shall not commit any offence while on bail;
5.He shall not leave the State of Kerala without
the permission of the Court having jurisdiction;
6.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 a 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.
7.He shall furnish his present address and his
mobile number to the Court concerned and the
investigating officer.
8.In case of violation of any of the above
conditions, the jurisdictional Court shall be
empowered to consider the application for
BAIL APPL. NO.9107 OF 2023
cancellation of bail and pass appropriate
orders in accordance with law.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
shg
