Kerala High Court
Unnikrishnan @ Kavuvila Unni vs State Of Kerala on 30 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
BAIL APPL. NO. 8196 OF 2023
CRIME NO.846/2022 OF KAZHAKOOTTAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT
PETITIONER/1ST ACCUSED
UNNIKRISHNAN @ KAVUVILA UNNI
AGED 37 YEARS
S/O.SUNDARAN, TC 78/1789, MUTTATHARA, THARANGINI NAGAR,
VALLAKADAVU VILLAGE, THIRUNELLI JUNCTION, THIRUVANANTHAPURAM, PIN
- 695008
BY ADVS.
SUMAN CHAKRAVARTHY
K.R.RIJA
BREJITHA UNNIKRISHNAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN -
682031
OTHER PRESENT:
SR.PP-SMT.T.V.NEEMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.09.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL.NO.8196 OF 2023
2
O R D E R
This application is filed under Section 439 of the Code of
Criminal Procedure, 1973, for regular bail.
2. The petitioner is the accused in Crime No.846/2022 of
Kazhakoottam Police Station, Thiruvananthapuram District,
which is registered for the offences punishable under Sections
20(b)(ii) and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
3. The prosecution allegation is that at about 2 PM on
23.06.2022, in furtherance of a criminal conspiracy hatched by
the accused persons, the petitioner, along with the 2nd and 3rd
accused, found in possession of 125.150 Kgs of Ganja in a car
bearing Reg.No.KL43/5038 along the Vettu road -
Kazhakoottam bypass road, near Kazhakoottam Sawmill &
Furniture, in contravention of the provision of the NDPS Act,
1985 and thereby the accused have committed the alleged
offences.
4. The learned counsel appearing for the petitioner would
BAIL APPL.NO.8196 OF 2023
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 23.06.2022, and continued custody of
the petitioner is unnecessary.
5. The learned Public Prosecutor opposed the petition.
6. I had already granted bail to the second accused against
whom similar allegations were made by order dated 29-9-23 in
B. A 8087/23. Taking into account the same,the allegations
against the petitioner, the chance of completion of the trial
anytime soon is not probable, no antecedents under the NDPS
Act are reported, and also relying on the principles laid down in
the judgments of the Supreme Court in Dheeraj Kumar Shukla
v. State of Uttar Pradesh (SLP Criminal No.6690/2022) and MD
Raja and another v. State of West Bengal (SLP Criminal
No.6690/2022) and of this Court in Banash Basheer v. State of
Kerala (B.A.No.5370/2023, Siddarth vs. State of Kerala and
another (B.A.No.4109/2023) and Fasil vs. State of Kerala [2023
(3) KHC 212] that followed Dheeraj Kumar Shukla (supra), the
rigour of Section 37 of the NDPS Act has to be dispensed with
BAIL APPL.NO.8196 OF 2023
at this stage, I am inclined to grant bail under such
circumstances. The petitioner has been in custody since
23/06/2022.
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.50,000/- (Rupees fifty
thousand only) with two solvent sureties each for
the like sum to the satisfaction of the
jurisdictional Court;
2.The petitioner shall report as and when directed
before the Court or the Investigating Officer.
3.The petitioner shall not tamper or attempt to
tamper with the evidence or influence or try to
influence the witnesses;
4.The petitioner shall not be involved in any other
crime while on bail.
5.The petitioner shall surrender his passport, if any,
within seven days from the date of his release
BAIL APPL.NO.8196 OF 2023
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.
6.The petitioner shall furnish his residential
address, including his mobile phone number, to
the investigating officer as well as to the court.
7.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
shg
BAIL APPL.NO.8196 OF 2023
APPENDIX OF BAIL APPL. 8196/2023
PETITIONER ANNEXURES
Annexure -1 A TRUE COPY OF THE FINAL REPORT IN CRIME
NO.846/2022 OF KAZHAKOOTTAM POLICE STATION,
THIRUVANANTHAPURAM
Annexure -2 A CERTIFIED COPY OF THE ORDER DATED 05.08.2023 IN
CRL.MP NO.2373/2023 BY THE ADDL. SESSIONS COURT-IV,
THIRUVANANTHAPURAM
