Allowed

Nikhil @ Ganapathy v. State of Kerala

Kerala HC23 Jan 2017Bail Appl./12/2017

Case brief

AI extract

What is this about?

This court allowed the bail application of the second accused in a case involving the transport of 120 grams of dried ganga. The single judge held that the quantity was small and further detention was unnecessary for investigation, granting bail subject to standard conditions.

What did the court decide?

Bail granted on bond of Rs.25,000 with two solvent sureties; accused to appear before IO and not leave India without court permission.

Nikhil @ Ganapathy Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2017)

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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 K.ABRAHAM MATHEW

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MONDAY, THE 23RD DAY OF JANUARY 2017/3RD MAGHA, 1938

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Bail Appl.No. 12 of 2017

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C.R. NO. 38/2016 OF KOLAZHI EXCISE RANGE OFFICE, THRISSUR

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PETITIONER/2ND ACCUSED:

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NIKHIL @ GANAPATHY, AGED 24 YEARS, S/O. ISSAC, ARASUMUDI HOUSE, CHUVANNAMANNU, THANIPADAM, THRISSUR, NOW RESIDING IN A RENTED HOUSE OF SAJEESH, S/O.GOPALAKRISHNAN, KULANGARAVEETTIL, PATTORE, THRISSUR.

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BY ADV. SRI.K.I.SAGEER

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REP. BY EXCISE INSPECTOR, KOLAZHY EXCISE RANGE, KOLAZHY, (C.R.NO.38/2016), THRISSUR, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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BY PUBLIC PROSECUTOR SRI.SAJJU S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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K.ABRAHAM MATHEW, J.

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B.A.No. 12 of 2017

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Dated this the 23^rd day of January, 2017

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ORDER

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Petition filed under Section 439(1) Cr.P.C.

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Petitioner is the second accused in C.R.No.38 of 2016 of Kolazhy Excise Range Office registered for the offence under Section 20(b) (ii) (A) of NDPS Act and Section 77 of Juvenile Justice Act.

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The prosecution case is that the petitioner along with the coaccused was found transporting 120 gms of dried ganga in an auto rickshaw which was meant to be sold to the students of an educational institution. It is submitted that the allegation is false and the petitioner has been in custody since 22.12.2016, which may be taken into consideration for granting bail.

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Heard the learned counsel for the petitioner and the learned Public

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Prosecutor.

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The quantity of ganga seized from the petitioner is only 120 gms. He has been in custody since 22.12.2016. His further detention is not necessary for completion of the investigation. He is not involved in any other case under the NDPS Act. So I am inclined to grant him bail.

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In the result, this Bail Application is allowed.

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i. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the lower court concerned.

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B.A.No. 12 of 2017 2

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ii. He shall appear before the investigating officer between 3.00 p.m and 4.00 p.m every Friday for four months and thereafter every second Saturdays, or till the final report is filed, whichever is earlier.

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iii. He shall not intimidate or attempt to influence the witnesses, nor shall he get himself involved in any other criminal case.

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iv. He shall surrender his passport before the lower court concerned or if he do not have one he shall file an affidavit to that effect within five days of his

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release.

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v. He shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

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vii) He shall not get himself involved in any

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other criminal case while he is on bail.

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In case of violation of any of the above conditions, the lower court concerned is empowered to cancel the bail in accordance with the law.

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K.ABRAHAM MATHEW JUDGE

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Nikhil @ Ganapathy v. State of Kerala

Case brief

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Nikhil @ Ganapathy v. State of Kerala

Case brief

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