Kerala High Court
Rahul Raj vs State Of Kerala on 3 January, 2025
BAIL APPL. NO. 11170 OF 2024 & 11238 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
FRIDAY, THE 3RD DAY OF JANUARY 2025 / 13TH POUSHA, 1946
BAIL APPL. NO. 11238 OF 2024
CRIME NO.924/2024 OF CHITHARA POLICE STATION, Kollam
AGAINST THE ORDER/JUDGMENT DATED 17.12.2024 IN CRMC NO.2631
OF 2024 OF DISTRICT COURT & SESSIONS COURT,KOLLAM
PETITIONER:
VAISAKH
AGED 26 YEARS
S/O PRATHAPAN, RESHMA BHAVAN, KALLUVETTAMKUZHI,
MANCODE, KOLLAM, PIN - 691559
BY ADVS.
AKSHAY SIDHARTH A.
DILJI RAM V.R.
VAISAKH D.S.
K.P.PRASANTH
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
SEENA C-GP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 11170 OF 2024 & 11238 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
FRIDAY, THE 3RD DAY OF JANUARY 2025 / 13TH POUSHA, 1946
BAIL APPL. NO. 11170 OF 2024
CRIME NO.924/2024 OF CHITHARA POLICE STATION, Kollam
AGAINST THE ORDER/JUDGMENT DATED 17.12.2024 IN CRMC NO.2632
OF 2024 OF DISTRICT COURT & SESSIONS COURT,KOLLAM
PETITIONER:
RAHUL RAJ
AGED 26 YEARS
S/O KAVIRAJ, RESIDING AT KAVITHA, KOLLAYIL, CHITHARA,
KOLLAM, PIN - 691541
BY ADVS.
AKSHAY SIDHARTH A.
DILJI RAM V.R.
VAISAKH D.S.
K.P.PRASANTH
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
SMT. SEENA C-GP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 11170 OF 2024 & 11238 OF 2024
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COMMON ORDER
Dated this the 3rd day January 2025
These Bail Applications have been filed by accused Nos. 1 & 2 in
crime No.924 of 2024 of Chithara Police Station registered alleging
commission of offences punishable under Sections 20(b)(ii)(B) & 29 of
the Narcotic Drugs and Pshychotropic Substances Act, 1985.
2. The prosecution allegation is that on 26.10.2024 at 8.50 pm,
both the accused were found possessing 1.370 Kgms of Ganja, in a car
parked on the side of Paruthuvila Thinavila road near Thinavila
Anganwadi, for the purpose of sale in violation of the provisions of the
NDPS Act. It is alleged that the offence was committed in pursuance of a
conspiracy hatched between both the accused. Hence the accused are
alleged to have committed the offences mentioned above.
3. Heard both sides and perused the available records.
4. As already stated, the specific accusation which the petitioners
are facing is that they were found sitting in a car possessing 1.370 Kgms
of dried Ganja inside the said car for the purpose of sale. The allegation
that the petitioners dared to possess Ganja for the purpose of sale in a
car parked in a public place cannot be viewed lightly. This case is seen
detected by the detecting officer while he was conducting law and order
duty. The petitioners were caught red handed with the contra-band on
26.10.2024 and since then, they have been in custody. The quantity of
contra-band seized in this case is 1.370 kgms of dried Ganja which is just
above small quantity. Now the petitioners have completed 68 days in
BAIL APPL. NO. 11170 OF 2024 & 11238 OF 2024
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judicial custody. The investigation in this case has crossed its major and
crucial part. Moreover, no criminal antecedents are seen pointed out
against the petitioners. Hence, considering the days of detention already
undergone by the petitioners and the stage of investigation, I am inclined
to grant bail on the following conditions:
5. In the result, these Bail Applications are allowed on the following
conditions:
1 The petitioners shall be released on bail on them executing a
bond for Rs.1,00,000/-(Rupees one lakh only) with two solvent
sureties each for the like sum to the satisfaction of the court
having jurisdiction.
2 The petitioners shall appear before the Investigating Officer
on every Second Saturdays between 10 a.m. and 11 a.m.,
starting from 11.01.2025 for a period of three months or till
the final report is filed, whichever occurs first.
3 The petitioners shall also appear before the investigating
officer as and when required and shall cooperate with the
investigation.
4 The petitioners shall not intimidate or influence the witnesses;
or tamper with the evidence.
5 The petitioners shall not commit any offence while they are on
bail.
6 It is made clear that, in the event of a violation of any of the
above conditions, the investigating officer is at liberty to
approach the jurisdictional court for cancellation of bail. In
that event, the jurisdictional court shall consider such
application and pass appropriate orders.
sd/-
JOBIN SEBASTIAN
JUDGE
Nsd
BAIL APPL. NO. 11170 OF 2024 & 11238 OF 2024
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APPENDIX OF BAIL APPL. 11238/2024
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF FIR ALONG WITH F I STATEMENT
DATED 26.10.2024 OF CHITHARA POLICE STATION
Annexure A2 A TRUE COPY OF ORDER IN CRL.M.C. NO 2455/2024
DATED 30.11.2024
Annexure A3 A TRUE COPY OF CRL.M.C.NO. 2631/2024 DATED
17.12.2024
BAIL APPL. NO. 11170 OF 2024 & 11238 OF 2024
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APPENDIX OF BAIL APPL. 11170/2024
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF FIR ALONG WITH F I STATEMENT
DATED 26.10.2024 OF CHITHRA POLICE STATION
Annexure A2 A TRUE COPY OF ORDER IN CRL.M.C.NO 2456/2024
DATED 30.11.2024
