Kerala High Court
Anilesh vs State Of Kerala on 21 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
BAIL APPL. NO. 7759 OF 2023
(CRIME NO.45 OF 2023 OF EXCISE RANGE OFFICE, ADIMALY)
PETITIONERS
1 ANILESH
AGED 24 YEARS
KANATTUKADIYIL HOUSE, VILLAN CHIRA, ADIVARAM KARA,
NERYAMANGALAM VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM
DISTRICT., PIN - 686693
2 JOHNSON
AGED 20 YEARS
MUREEKKAL HOUSE, NERYAMANGALAM KARA, NERYAMANGALAM
VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT.,
PIN - 686693
BY ADVS.
K.P.PRASANTH
T.A.AJMAL HUSSAIN
RESPONDENTS
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE EXCISE CIRCLE INSPECTOR
AGED 40 YEARS
EXCISE RANGE OFFICE, ADIMALY, IDUKKI DISTRICT., PIN -
685561
OTHER PRESENT:
SMT.NIMA JACOB, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.7759 and 7896 of 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY,THE 21ST DAY OF SEPTEMBER 2023/30TH BHADRA,
1945
BAIL APPL. NO. 7896 OF 2023
AGAINST THE ORDER/JUDGMENT CRMC 179/2023 OF SPECIAL
COURT (NDPS ACT CASES), THODUPUZHA
(CRIME NO.45 OF 2023 OF EXCISE RANGE OFFICE, ADIMALY)
PETITIONER/ACCUSED NO.3
ALWIN
AGED 21 YEARS
S/O OF CHACKO, PADINJAREMURITHOTTATHIL HOUSE,
KUNNACKAL KARA, VALAKOM VILLAGE, MUVATTUPUZHA
TALUK., PIN - 682316
BY ADVS.
KURIAN ANTONY MATHEW
SANTHOSH MATHEW
ARUN THOMAS
ANIL SEBASTIAN PULICKEL
ABI BENNY AREECKAL
SHINTO MATHEW ABRAHAM
MATHEW NEVIN THOMAS
KARTHIK RAJAGOPAL
RESPONDENT/STATE
STATE OF KERALA
REPRESENTED BY THE EXCISE INSPECTOR, EXCISE
RANGE OFFICE, ADIMALY., PIN - 682031
SMT.NIMA JACOB, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ALONG WIHT B.A.NO.7759/2023 ON 21.09.2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.7759 and 7896 of 2023
3
MOHAMMED NIAS C.P, J.
---------------------------------------------
B.A. No. 7759 and 7896 of 2023
------------------------------------------------------
Dated this the 21st day of September , 2023.
ORDER
These applications are filed under Section 439 of the Code
of Criminal Procedure seeking regular bail.
2. The petitioners are the accused Nos.1 to 3 in Crime
No. 47 of 2023 of Adimaly Excise Range, for having committed
offences punishable under Sections 8(c), 27(a) and 29 of the
Narcotic Drugs and Psychotropic Substances Act.
` 3. The allegation against the petitioners is that, on
02.08.2023 at about 10.30 p.m., in furtherance of a criminal
conspiracy hatched by the petitioners and the 3rd accused, they
were found in possession of 2.042 grams of MDMA, in
contravention of the provisions of the NDPS Act. Thereby, the
petitioners have committed the aforesaid offences as alleged.
4. The learned counsel appearing for the petitioners would
say that the petitioners are totally innocent and falsely implicated
with ulterior motives. At any rate, he points out that the
petitioners have been in custody since 02.08.2023, and
B.A. No.7759 and 7896 of 2023
continued custody of the petitioners is unnecessary.
5. The learned public prosecutor opposed the petition.
6. After having considered the submissions of the learned
counsel for the petitioners and learned Public Prosecutor and
considering the nature of the allegations against the petitioners,
the quantity involved, that they have been in custody from
02.08.2023 and also since there is no apprehension raised by
the prosecution that if released on bail the petitioners are likely
to abscond, I hold that bail can be granted to the petitioners. It is
also to be noted that no other criminal antecedents have been
reported against the petitioners. I am inclined to grant bail under
such circumstances.
Accordingly, these applications are allowed, and the
petitioners are granted bail subject to the following conditions:-
(i) The petitioners shall be released on bail on executing a
bond for Rs.50,000/- (Rupees fifty thousand only) each with
two solvent sureties each for the like sum to the satisfaction
of the jurisdictional Court;
(ii) The petitioners shall report before the Investigating
Officer every Saturday between 9 a.m. and 10 a.m. till the
final report is laid;
B.A. No.7759 and 7896 of 2023
(iii) The petitioners shall not tamper or attempt to tamper
with the evidence or influence or try to influence the
witnesses;
(iv) The petitioners shall not be involved in any other crime
while on bail.
(v) 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
smm JUDGE
B.A. No.7759 and 7896 of 2023
APPENDIX OF BAIL APPL. 7759/2023
PETITIONER ANNEXURES
Annexure 1 CITIZEN COPY OF THE OCCURRENCE REPORT
IN NDPSCRIMENO47/2023 OF ADIMALY
EXCISE RANGE DOWNLOADED
FROMTHEOFFICIAL WEBSITE OF KERALA
EXCISE DEPARTMENT DATE 03/08/2023.
B.A. No.7759 and 7896 of 2023
APPENDIX OF BAIL APPL. 7896/2023
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE CRIME AND
OCCURRENCE REPORT DATED 02-08-2023.
Annexure A2 A TRUE COPY OF THE SCENE MAHAZAR DATED
02-08-2023
Annexure A3 CERTIFIED COPY OF THE REMAND
APPLICATION DATED 03-08-2023 BEFORE
THE HON'BLE JFCM ADIMALY .
Annexure A4 CERTIFIED COPY OF THE ORDER OF THE
HON'BLE COURT OF THE SPECIAL JUDGE FOR
NDPS ACT CASES AT THODUPUZHA DATED 26-
08-2023
