Kerala High Court
Shaiju P J vs State Of Kerala on 17 May, 2024
BA.3987/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 17TH DAY OF MAY 2024 / 27TH VAISAKHA, 1946
BAIL APPL. NO. 3987 OF 2024
CRIME NO.27/2024 OF EXCISE ENFORCEMENT & ANTI-NARCOTIC SPECIAL SQUAD,
THRISSUR
AGAINST THE ORDER/JUDGMENT DATED IN CRMP NO.3255 OF 2024 OF ASSISTANT
SESSIONS COURT/PRINCIPAL SUB COURT / COMMERCIAL COURT, THRISSUR
PETITIONER/ACCUSED
SHAIJU P J.,
AGED 45 YEARS
S/O. JOSEPH, PUDUVA HOUSE, THAIKATTUSSERY P.O EDAKUNNI
DESOM. OLLUR VILLAGE, THRISSUR, KERALA., PIN - 680306
BY ADV MAHESH V.MENON
RESPONDENT/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 STATION HOUSE OFFICER
EXCISE ENFORCEMENT & ANTI-NARCOTIC SPECIAL SQUAD, ROOM
NO. 166,2ND FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR,
PIN - 680003
OTHER PRESENT:
SRI M C ASHI, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.05.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA.3987/24 2
MOHAMMED NIAS C.P., J
...........................................................
B.A. No.3987 of 2024
.............................................................
Dated this the 17th day of May, 2024
ORDER
This is an application filed under Section 439 of the Code of Criminal
Procedure seeking regular bail.
2. The petitioner is the accused in Crime No. 27/2024 of Excise Enforcement &
Anti-Narcotic Special Squad, Thrissur, for having committed offences punishable
under Sections 22(b)(ii)B and 60(3) of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short, 'NDPS Act').
3. The prosecution case is that, on 05.04.2024 at about 7.10 pm, the police party
found the petitioner in a suspicious circumstance in a motorcycle bearing Registration
No.KL-08-BK-621 and on inspection, 2.100 Kg of ganja was seized from his
possession and thereby the petitioner is alleged to have committed the aforesaid
offences. The petitioner was arrested on 05.04.2024 and has been in judicial custody
since then.
4. The learned counsel appearing for the petitioner would say that the petitioner
is innocent and has been falsely implicated with ulterior motives. At any rate, he
points out that the petitioner has been in custody since 05.04.2024, and continued
custody of the petitioner is unnecessary.
5. The learned Public Prosecutor opposed the petition.
6. Taking into account the quantity of the contraband involved, the fact that the
petitioner has been in judicial custody since 05.04.2024, that no antecedents are
reported against the petitioner and also since there is no apprehension raised by the
prosecution that if released on bail the petitioner is likely to abscond, I am inclined to
grant bail to the petitioner. 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 every Saturday
between 9 a.m. and 10 a.m. till the final report is laid;
(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.
(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.
JUDGE
okb/ //True copy//
P.S. to Judge
APPENDIX OF BAIL APPL. 3987/2024
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE ORDER DATED 04-05-2024 IN
CRL.M.P NO.3255/2024 BEFORE THE HON'BLE COURT
OF THE PRINCIPAL SESSIONS JUDGE, THRISSUR
