Kerala High Court
Marimuthu vs State Of Kerala on 5 February, 2025
B.A. Nos.6001 & 9588 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 5TH DAY OF FEBRUARY 2025 / 16TH MAGHA, 1946
BAIL APPL. NO. 6001 OF 2024
CRIME NO.1/2023 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL
SQUAD, PALAKKAD
PETITIONER/ACCUSED NO.2:
SELVAM,
AGED 40 YEARS
S/O KANNADASAN, VOC STREET, HOUSE NO.8,
CHINNOOR PETTA VILLAGE,
NAGAPATTANAM DISTRICT, TAMIL NADU, PIN - 628907
BY ADVS.
SAM ISAAC POTHIYIL
S.SURAJA
MUHAMMED SUHAIR C.A
KARAN MATHEW
RAMU SUBHASH
ANANTHAKRISHNAN R.
RESPONDENTS/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD,
PALAKKAD, PALAKKAD DISTRICT, PIN - 678001
OTHER PRESENT:
SMT.SURYA BINOY, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.02.2025, ALONG WITH BAIL APPL..9588/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A. Nos.6001 & 9588 OF 2024
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2025:KER:9237
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 5TH DAY OF FEBRUARY 2025 / 16TH MAGHA, 1946
BAIL APPL. NO. 9588 OF 2024
CRIME NO.1/2023 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL
SQUAD, PALAKKAD
PETITIONER/ACCUSED NO.1:
MARIMUTHU,
AGED 27 YEARS
S/O SELVARAJ, KAMARAJPURAM STREET,
HOUSE NO.7/106, AKKUR POST,
NAGAPATTANAM DISTRICT,
TAMIL NADU, PIN - 609301
BY ADVS.
SAM ISAAC POTHIYIL
S.SURAJA
MUHAMMED SUHAIR C.A
RAMU SUBHASH
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD
PALAKKAD, PALAKKAD DISTRICT, PIN - 678001
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.02.2025, ALONG WITH BAIL APPL..6001/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A. Nos.6001 & 9588 OF 2024
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2025:KER:9237
MOHAMMED NIAS C.P., J.
======================================
B.A. Nos.6001 & 9588 OF 2024
=======================================
Dated this the 5th day of February, 2025
ORDER
These applications are filed by the petitioners seeking regular bail. Bail
application No. 6001/2024 is filed by accused No. 2 and Bail application No.
9588/2024 is filed by accused No.1, in Crime No. 1/2023 of Excise Enforcement and
Anti Narcotic Special Squad, Palakkad for having allegedly committed offences
punishable under Sections 20(b)(ii)(C) and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act' for
short).
2. The prosecution case is that, on 04.01.2023 at about 12.05 P.M., at the
National Highway of Parking Area near RTO Check Post at Walayar, the accused
were found transporting 157.66 kg of dry ganja in a vehicle. The petitioners were
arrested on the same day.
3. The earlier bail applications filed by the accused were rejected,
finding the involvement of the petitioners and that the commercial quantity was
involved, attracting rigour under Section 37 of the NDPS Act. It is seen that both
the accused were arrested on 04.01.2023. On a query posed by this Court, the
B.A. Nos.6001 & 9588 OF 2024
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Additional District and Sessions Court-V, Palakkad, intimated that six months
time is required for completion of trial after receipt of the FSL report.
4. Thereafter, the FSL report was submitted and through intimation
dated 31.01.2025, the case was posted to 04.02.2025 for scheduling the trial. It is
stated that at the request of accused No. 2 to file Crl. M.P. 721 of 2025 to get the
documents and the list of material objects that are relied on, the said application
was allowed. The learned Public Prosecutor was directed to comply with the
order and the case was posted to 04.02.2025 for scheduling trial.
5. Though the charges against the petitioners are serious, taking note
of the length of the detention and the fact that the trial has not even commenced
as there was a delay in filing the FSL report, and no antecedents reported against
the petitioners, I am inclined to grant bail, taking into account the principles laid
down by the Hon'ble Supreme Court in the judgment in Ankur Chaudhari v. State
of Madhya Pradesh [2024 KHC 8248]. Accordingly, the bail applications are allowed
with the following strict conditions:
1. The petitioners shall be released on bail on executing separate bonds 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.
2. They shall appear before the Investigating Officer every second
Saturday between 9 a.m. and 11 a.m. till the completion of the trial;
3. They shall not intimidate or attempt to influence the witnesses, nor
B.A. Nos.6001 & 9588 OF 2024
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shall they tamper with the evidence or do anything that might
adversely affect the trial;
4. They shall not commit any offence while on bail;
5. They shall not leave India without the permission of the jurisdictional
Court;
6. The petitioners shall surrender their passports before the jurisdictional
court. If they do not have a passport, they shall execute an affidavit to
that effect and file the same before the said court within seven days
from the date of their release on bail. If the release of the passport is
required at a later period, the petitioners shall be at liberty to move an
appropriate application for the same before the Court having
jurisdiction;
7. They shall furnish their present address and mobile number to the
Court concerned and to the investigating officer;
8. In case of violation of any of the above conditions, the jurisdictional
Court shall be empowered to consider the application for cancellation of
bail and pass appropriate orders in accordance with law.
The bail applications are allowed as above.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
LU
B.A. Nos.6001 & 9588 OF 2024
2025:KER:9237
APPENDIX OF BAIL APPL. 9588/2024
PETITIONER ANNEXURES :
ANNEXURE A1 THE TRUE COPY OF THE COMMON ORDER DATED
04.12.2023 PASSED BY THIS HON'BLE COURT IN
B.A. Nos.6001 & 9588 OF 2024
2025:KER:9237
APPENDIX OF BAIL APPL. 6001/2024
PETITIONER ANNEXURES :
ANNEXURE A1 THE TRUE COPY OF THE COMMON ORDER DATED
04.12.2023 PASSED BY THIS HON'BLE COURT IN
ANNEXURE A2 THE TRUE COPY OF THE ORDER DATED 14.02.2024
PASSED BY THIS HON'BLE COURT IN BAIL APP. NO.
ANNEXURE A3 THE TRUE COPY OF THE COMMON ORDER DATED
19.06.2024 PASSED BY THIS HON'BLE COURT IN
ANNEXURE A4 THE TRUE COPY OF THE GRANDMOTHERS ADHARCARD
NUMBER 209728360832
ANNEXURE A5 THE TRUE COPY OF THE ADHARCARD NO
834371047551 IS PRODUCED
ANNEXURE A6 THE TRUE COPY OF THE MEDICAL DOCUMENTS
// True Copy // PA To Judge
