Kerala High Court
Jojo George vs State Of Kerala on 23 September, 2024
Author: C.S.Dias
Bench: C.S.Dias
2024:KER:70574
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 23RD DAY OF SEPTEMBER 2024 / 1ST ASWINA, 1946
BAIL APPL. NO. 7429 OF 2024
CRIME NO.623/2024 OF KUMILY POLICE STATION, IDUKKI
AGAINST THE ORDER/JUDGMENT DATED 30.08.2024 IN CRMC NO.142
OF 2024 OF SPECIAL COURT (NDPS ACT CASES), THODUPUZHA
PETITIONER/ACCUSED:
JIJO MON K M
AGED 39 YEARS
S/O CHACKO, KALLUMMAKKAL HOUSE,
KUZHIKANDAM BHAGAM, KUMILY VILLAGE,
IDUKKI DISTRICT, PIN - 685509
BY ADVS.
K.S.ARUNDAS
AMBILY JOSHY
ANAMIKA
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
OTHER PRESENT:
SR PP SRI C S HRITHWIK
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.09.2024, ALONG WITH BAIL APPL..7358/2024, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
2024:KER:70574
B.A.Nos. 7429 & 7358 of 2024
-:2:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 23RD DAY OF SEPTEMBER 2024 / 1ST ASWINA, 1946
BAIL APPL. NO. 7358 OF 2024
CRIME NO.623/2024 OF KUMILY POLICE STATION, IDUKKI
PETITIONER/ACCUSED:
JOJO GEORGE
AGED 34 YEARS
S/O GEORGE, KFDC QUARTERS, GAVI COLONY,GAVI KARA,
SEETHATHODU VILLAGE, RANNI TALUK,PATHANAMTHITTA
DISTRICT, PIN - 689667
BY ADVS.
P.MOHAMED SABAH
LIBIN STANLEY
SAIPOOJA
SADIK ISMAYIL
R.GAYATHRI
M.MAHIN HAMZA
BENSON AMBROSE
ALWIN JOSEPH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER
KUMLAY POLICE STATION, KUMLAY P.O ,
MALAPPURAM DISTRICT, PIN - 685509
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.09.2024, ALONG WITH BAIL APPL..7429/2024, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
2024:KER:70574
B.A.Nos. 7429 & 7358 of 2024
-:3:-
Dated this the 23rd day of September, 2024
COMMONORDER
The applications are filed under Section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2024, by the
accused 1 and 2 in Crime No.623/2024 of Kumily Police
Station, Idukki, which is registered against the accused
persons for allegedly committing the offences punishable
under Section 20(b)(ii)(B) and 29 of the Narcotic Drugs
and Psychotropic Substances Act, 1985 (in short, the
Act). The petitioners were arrested and remanded to
judicial custody on 23.07.2024.
2. The gist of the prosecution case is that: on
21.07.2024, at around 23:20 hours, the accused were
found in conscious possession and transporting 5.805 kg
of dried ganja on a motorcycle to Ramankada-Crusher
road at Attappallam in Kumili village. The second
accused was arrested on the spot with the contraband
article, and the first accused took to his heels. Thus, the
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B.A.Nos. 7429 & 7358 of 2024
accused have committed the above offences.
3. Heard; Sri. K.S. Arundas. and Sri. P.
Mohamed Sabah, the learned counsel appearing for the
petitioners and Sri. C.S. Hrithwik., the learned Public
Prosecutor.
4. The learned counsel for the petitioners
submitted that the petitioners are totally innocent of the
accusations levelled against them. They have been
falsely implicated in the crime. There is no material to
substantiate the petitioners' involvement in the crime. In
any given case, the petitioners have been in judicial
custody for the last more than two months, the
investigation in the case is complete, the recovery has
been effected, and the complaint has been filed.
Furthermore, the contraband involved in the case is of
an intermediate quantity, and the petitioners do not have
any criminal antecedents. Hence, the applications may
be allowed.
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B.A.Nos. 7429 & 7358 of 2024
5. The learned Public Prosecutor opposed
the application. He submitted that if the petitioners are
released on bail, there is every likelihood of them
committing a similar offence. Hence, the applications
may be dismissed. Nonetheless, he did not dispute the
fact that the investigation in the case is complete, the
recovery has been effected, the complaint has been filed,
the petitioners do not haver any criminal antecedents
and the contraband involved in the case is of an
intermediate quantity.
6. The prosecution case is that the accused were
found in conscious possession of 5.805 kg of dried ganja.
The fact remains that the petitioners have been in
judicial custody for the last two months, the investigation
in the case is complete, the recovery has been effected,
and the complaint has been filed. Furthermore, the
petitioners do not have any criminal antecedents.
7. After bestowing my anxious consideration to
the facts, the rival submissions made across the Bar, and
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B.A.Nos. 7429 & 7358 of 2024
the materials placed on record, especially on considering
the fact that the contraband involved in the case is of an
intermediate quantity, that the petitioners have been in
judicial custody for the last more than two months,
that the petitioners do not have any criminal
antecedents, that the investigation in the case is
complete, and that the complaint has been filed, I am of
the view that the petitioners' further detention is
unnecessary. Hence, I hold that the petitioners are
entitled to be released on bail.
In the result, the application is allowed, by
directing the petitioners to be released on bail on them
executing a bond for Rs.1,00,000/- (Rupees One lakh
only) each with two solvent sureties each for the like
sum, to the satisfaction of the court having jurisdiction,
which shall be subject to the following conditions:
(i) The petitioners appear before the
Investigating Officer as and when required;
(ii) The petitioners shall not directly or indirectly
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B.A.Nos. 7429 & 7358 of 2024
make any inducement, threat or procure to any person
acquainted with the facts of the case so as to dissuade
him from disclosing such facts to the court or to any
Police Officer or tamper with the evidence in any
manner, whatsoever;
(iii) The petitioners shall not commit any
offence while they are on bail;
(iv) The petitioners shall surrender their
passports, if any, before the court below at the time of
execution of the bond. If they have no passports, they
shall file affidavits to the effect before the court below on
the date of execution of the bond;
(v) In case of violation of any of the
conditions mentioned above, the jurisdictional court shall
be empowered to consider the application for
cancellation of bail, if any filed, and pass orders on the
same, in accordance with law.
(vi) Applications for deletion/modification of
the bail conditions shall be filed and entertained before
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B.A.Nos. 7429 & 7358 of 2024
the court below.
(vii) Needless to mention, it would be well within
the powers of the Investigating Officer to investigate the
matter and, if necessary, to effect recoveries on the
information, if any, given by the petitioners even while
the petitioners are on bail as laid down by the Hon'ble
Supreme Court in Sushila Aggarwal v. State (NCT of
Delhi) and another [2020 (1) KHC 663].
Sd/-
C.S.DIAS,JUDGE
mtk/23.09.24
2024:KER:70574
B.A.Nos. 7429 & 7358 of 2024
APPENDIX OF BAIL APPL. 7358/2024
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO. 623 OF 2024 OF KUMALY POLICE
STATION, IDUKKI DISTRICT
2024:KER:70574
B.A.Nos. 7429 & 7358 of 2024
APPENDIX OF BAIL APPL. 7429/2024
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.623/2024 OF KUMALI
POLICE STATION, IDUKKI
Annexure 2 A TRUE COPY OF THE REMAND REPORT DATED
23/07/2024 IN CRIME NO.623/2024 OF KUMALI
POLICE STATION, WHICH IS PRODUCED BEFORE
THE JUDICIAL FIRST-CLASS MAGISTRATE II
COURT PEERMADE
Annexure 3 A TRUE COPY OF THE ORDER DATED 30.08.2024
IN CRL M C NO 142/2024 ON THE FILE OF THE
HONOURABLE SPECIAL JUDGE FOR NDPS ACT
CASES THODUPUZHA
