Kerala High Court
Ponnudhurai vs State Of Kerala on 23 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.6781/2024
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2024:KER:78735
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA,
1946
BAIL APPL. NO. 6781 OF 2024
CRIME NO.30/2022 OF Amaravila Excise Range Office,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl.
NO.4554 OF 2024 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
PONNUDHURAI, AGED 38 YEARS
S/O.PALRETHINAM, 17B/13, ANNAIKARE,
THIRUVENKADAPURAM, RAJAKALMANGALAM VILLAGE,
NANGUNERI, THIRUNELVELI DISTRICT, TAMIL NADU,
PIN - 632235
BY ADV BABU S. NAIR
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 THE EXCISE INSPECTOR
AMARAVILA EXCISE RANGE, THIRUVANANTHAPURAM
DISTRICT, PIN - 695122
SRI.B.S.SYAMANTHAK, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 23.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.6781/2024
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ORDER
This is the 7th bail application filed under Section 483
of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking
regular bail.
2. The applicant is the sole accused in Crime
No.30/2022 of Amaravila Excise Range Office,
Thiruvananthapuram. The offences alleged are punishable
under Sections 20(b)(ii)(c), 8(c) and 25 of the NDPS Act.
3. The prosecution case, in short, is that, on
26.8.2022 at 10.35 a.m., the applicant was found in
possession of 36 kilograms of ganja in contravention of the
provisions of the NDPS Act and Rules and thereby committed
the offence.
4. I have heard Sri.Babu S. Nair, the learned
counsel for the applicant and Sri. B.S. Syamanthak, the
learned Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant relying
on the latest decision of the Supreme Court in Ankur
Chaudhary v. State of Madhya Pradesh (2024 KHC OnLine
8248) submitted that the applicant is in custody for the last
two years and two months and as such, he is entitled to get
released on bail.
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6. In the light of the submission of the learned
counsel for the applicant that the applicant is entitled to get
released on bail based on the dictum laid down in Ankur
Chaudhary (supra), a report was called for from the 1 st
Additional Sessions Court, Thiruvananthapuram to ascertain
the status of the case and reasonable time required to dispose
of the same. The 1st Additional Sessions Judge submitted a
report stating that the trial of the case has not been
commenced yet and it will take at least twelve months to
dispose of the case. In Ankur Chaudhary (supra), the
Hon'ble Supreme Court has held that failure to conclude the
trial within a reasonable time resulting in prolonged
incarceration militates against the precious fundamental right
guaranteed under Article 21 of the Constitution of India, and
as such, conditional liberty overriding the statutory embargo
created under Section 37(1)(b) of the NDPS Act may, in such
circumstances, be considered.
7. Considering the fact that the applicant is in
judicial custody for the last two years and two months and
there is no possibility of concluding the trial immediately, I am
of the view that the applicant can be released on bail.
In the result, the application is allowed on the
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following conditions:
(i) The applicant shall be released on bail on
executing a bond for Rs.1,00,000/- (Rupees One lakh only)
with two solvent sureties for the like sum each to the
satisfaction of the jurisdictional Magistrate/Court.
(ii) The applicant shall not commit any offence
of a like nature while on bail.
(iii) The applicant shall not attempt to contact
any of the prosecution witnesses, directly or through any
other person, or in any other way try to tamper with the
evidence or influence any witnesses or other persons related
to the investigation.
(iv) The applicant shall not leave the State of
Kerala without the permission of the trial Court.
(v) The application, if any, for deletion/modification
of the bail conditions or cancellation of bail on the grounds of
violating the bail conditions shall be filed at the jurisdictional
court. Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
2024:KER:78735
APPENDIX OF BAIL APPL. 6781/2024
PETITIONER ANNEXURES
Annexure A TRUE COPY OF THE ORDER DATED 01-12-
2023 IN BAIL APPL.9562/2023 ON HIGH
COURT
Annexure B TRUE COPY OF THE ORDER DATED 16-01-
2024 IN BAIL APPL.11599/2023 ON HIGH
COURT
Annexure C TRUE COPY OF THE ORDER DATED 12-03-
2024 IN BAIL APPL.1831/2024 ON HIGH
COURT
Annexure D TRUE COPY OF THE ORDER DATED 30-05-
2024 IN BAIL APPL.4554/2024 ON HIGH
COURT
Annexure E TRUE COPY OF THE ORDER DATED 20-07-
2023 IN BAIL APPL.3896/2023 ON HIGH
COURT
Annexure F TRUE COPY OF THE ORDER DATED 21-05-
2024 IN BAIL APPL.3883/2024 ON HIGH
COURT
