Allowed

Mukesh v. State of Kerala

Kerala HC2 Mar 2016Bail Appl./833/2016

Case brief

AI extract

What is this about?

The High Court at Ernakulam granted default bail to petitioners accused under NDPS Act for possession of ganja. Investigation had not completed despite lapse of statutory period. Bail conditioned on bond, sureties, investigation appearance, and non-interference.

What did the court decide?

Bail granted to petitioners subject to execution of bond, deposit of sum, appearance before investigating officer, and prohibition on threatening witnesses or committing other offences.

Mukesh Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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WEDNESDAY, THE 2ND DAY OF MARCH 2016/12TH PHALGUNA, 1937

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Bail Appl..No. 833 of 2016 ()

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CRIME NO. 1/2016 OF EXCISE ENFORCEMENT & ANTI NARCOTIC SPECIAL SQUAD, PALAKKAD EXCISE CIRCLE OFFICE.

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PETITIONERS/ACCUSED PERSONS:

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1. MUKESH, AGED 28 YEARS, S/O. MOHANAN, MALAYANCHERUVIL VEEDU, VENGOOR POST, KOTTARAKKARA, KOLLAM.

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2. VINEED, AGED 26 YEARS, S/O.VIJAYAN, USHA BHAVAN, PARAGODE DESOM, ERNADU VILLAGE, UMMANNUR, KOTTARAKKARA, KOLLAM.

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BY ADVS.SRI.NAGARAJ NARAYANAN, SRI.SAIJO HASSAN.

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RESPONDENT/STATE:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT.T.Y. LALIZA.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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SUNIL THOMAS, J.

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B. A. No. 833 of 2016

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Dated this the 2^nd day of March, 2016

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O R D E R

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The petitioners are the accused in Crime No. 1/2016 of Excise Enforcement & Anti Narcotic Special Squad, Palakkad Excise Circle Office under for offences punishable under Sections 20(b)(ii)(B) of the NDPS Act.

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On 02.01.2016, the petitioners were found in possession of 6.800 kgs of Ganja. They were arrested from the spot, after initial formalities. They are in custody since then. They seek bail.

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The quantity involved is substantial, though not a commercial quantity, as per the statue. The investigation is not completed and the final report has not been filed in spite of lapse of the statutory period.

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Hence I am inclined to grant default bail to the petitioners subject to the following conditions:

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(i) Each of the petitioner shall execute a

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bond for a sum of Rs.75,000/- (Rupees

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seventy five thousand only) with three sureties for the like sum each to the

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B. A. No. 833 of 2016

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satisfaction of the jurisdictional Court.

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(ii) Each of the petitioner shall deposit a

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sum of Rs.15,000/- (Rupees fifteen thousand only) before the Court below within a period of 15 days from the date of their release. It is made clear that, though this condition is an essential part of granting bail, it need not be deposited along with the execution of the bond, but shall be deposited within the time limit prescribed above.

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(iii) They shall appear before the Investigating Officer on all Wednesdays between 9.00 am and 10.00 am for a period of three months from the date of their release.

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(iv) They shall not threaten, coerce or intimidate the defacto complainant and the witnesses nor shall he interfere in the process of investigation

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B. A. No. 833 of 2016

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(v) They shall not get involved in any

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other identical offences.

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Sd/-

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SUNIL THOMAS, JUDGE.

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/true copy/

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P. A. to Judge

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Mukesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mukesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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