Anil Kumar vs State Of Kerala
2023 Latest Caselaw 9656 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                  THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
        FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                          BAIL APPL. NO. 7590 OF 2023
 AGAINST THE ORDER/JUDGMENT Bail Appl. 8039/2022 OF HIGH COURT OF KERALA
     Crime No.2 of 2021 of Neyyattinkara Excise Range Office, Thiruvananthapuram

PETITIONER/ACCUSED NO.1:

            ANIL KUMAR,AGED 39 YEARS
            SON OF SELVARAJ, ANIL BHAVAN, ATTINKARA,
            PANNIMALA, KOOTHALI POST, VELLARADA, NEYYATTINKARA,
            THIRUVANATHAPURAM DIST., PIN - 673525

            BY ADV M.J.SANTHOSH



RESPONDENT/COMPLAINANT:

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

OTHER PRESENT:

            PP - RENJIT GEORGE



     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.09.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BA No.7590 of 2023                                      2

                              VIJU ABRAHAM, J.
              .................................................................
                             B.A. No.7590 of 2023
              .................................................................
              Dated this the 8th day of September, 2023


                                        ORDER

This is an application for regular bail.

2. Petitioner is the 1st accused in Crime No.2 of 2021 of

Neyyattinkara Excise Range Office, Thiruvananthapuram registered

alleging commission of offences punishable under Sections 22(b)(ii)

(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act,

1985 (in short "NDPS Act").

3. The crux of the prosecution case is that on the basis of

prior information, on 03.02.2021 at about 7.05 p.m., the car driven by

the petitioner was searched and seized 50 kgs of ganja.

4. The counsel for the petitioner submits that petitioner is in

custody from 03.02.2021 onwards. Though the petitioner has

approached this Court earlier filing B.A.No.8039 of 2022 the same

was rejected by this Court as per Annexure-A1 order dated

21.10.2022 with a further direction to the trial court to expedite the

trial of the case. Petitioner submits that in spite of the specific

direction issued by this Court even the charge has not been framed

in the said case.

5. Learned Public Prosecutor though opposed the

application for bail mainly contending that large quantity of

contraband was seized from the possession of the petitioner,

submitted that the petitioner has no other criminal antecedents.

6. Petitioner relying on the order in Fasil v. State of Kerala

and another, 2023 (3) KHC 212 and also the judgments of the

Supreme Court in Dheeraj Kumar Shukla v. State of Uttar

Pradesh, Special Leave Appeal (Crl.) No.6690 of 2022 and MD

Raja v. State of West Bengal, Special Leave Appeal (Crl.)

No.3133 of 2022 submits that in similar circumstances the court has

granted bail taking into consideration the long detention of the

accused in custody.

7. Admittedly the petitioner is in custody from 03.02.2021

onwards and has no other criminal antecedents. A report has been

called for from the trial court concerned wherein it was intimated as

per report dated 07.09.2023 that the case is now posted for hearing

on the charge. Taking into consideration all these aspects, I am

inclined to grant bail to the petitioner, but considering the seriousness

of the allegation, the same shall only be on stringent 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 likesum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating

officer on all second Saturdays at 11.00 a.m. till completion of the

trial.

(iii) Petitioner shall not leave the State of Kerala

without obtaining prior permission from the jurisdictional court.

(iv) Petitioner 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.

(v) Petitioner shall not attempt to interfere with the

investigation or to influence any witness in Crime No.2 of 2021 of

Neyyattinkara Excise Range Office, Thiruvananthapuram.

(vi) Petitioner shall not involve in any other crime while

on bail.

If any of the aforesaid conditions are violated, the

investigating officer in Crime No.2 of 2021 of Neyyattinkara Excise

Range Office, Thiruvananthapuram may file an application before the

jurisdictional court, for cancellation of bail.

Sd/-

VIJU ABRAHAM JUDGE

cks