Allowed

Jithin v. State of Kerala

Kerala HC11 Jan 2018Bail Appl./65/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the bail application of Jithin, accused of narcotics offences under the NDPS Act. Granted statutory bail after 60 days of custody due to non-filing of the final report, subject to standard and special conditions.

What did the court decide?

Petitioner released on bail with bond of Rs. 50,000 and two sureties for Rs. 50,000 each, subject to supervision conditions.

Jithin Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2018)

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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 RAJA VIJAYARAGHAVAN V THURSDAY, THE 11TH DAY OF JANUARY 2018 / 21ST POUSHA, 1939 Bail Appl..No. 65 of 2018

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CRIME NO.15/2017 OF EXCISE CIRCLE OFFICE KUNNATHOOR, KOLLAM DISTRICT -----------------

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PETITIONER/ACCUSED:-

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JITHIN, AGED 27 YEARS, S/O.GOPALAKRISHNA PILLAI, KRISHNA NILAYAM, NJAKKANAL P.O., KARUNAGAPILLY, KOLLAM DISTRICT.

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BY ADVS.SRI.RASHEED C.NOORANAD SMT.ANITHA M.N. (EKM)

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RESPONDENT:

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STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-01-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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RAJA VIJAYARAGHAVAN V, J.

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B.A.No.65 of 2018

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Dated this the 11^th day of January, 2018

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ORDER

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1.This petition is filed under Section 439 of the Code of Criminal Procedure.

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2.The petitioner herein is the sole accused in Crime No.15 of 2017 of the Kunnathoor Excise Circle Office, registered alleging offence punishable under Section 20(b) (ii)B, & 60(3) NDPS Act.

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3.According to the prosecution on 4.11.2017 at 2.50 p.m, a Tata Indica Car bearing registration No.KL-23-G-4412 in which the petitioner was traveling was intercepted and on search, he was found in possession of 2.1 kg of ganja. He was arrested then and there and the contraband articles were seized.

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4.Learned counsel appearing for the petitioner submits that the petitioner was produced before the jurisdictional court on

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B.A.No.65 of 2018 2

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5.11.2017 and was remanded to judicial custody. Highlighting the fact that he has been in judicial custody for more than 60 days and that the final report has not been laid till date, it is submitted that the petitioner has got the indefeasable right to be enlarged on statutory bail. It is submitted that the petitioner is prepared to offer bail.

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5.Learned Public Prosecutor does not controvert the said submissions.

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6.I am of the view that this petition is liable to be allowed.

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However, it shall be subject to the following conditions.

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a)The petitioner shall be released on bail on his executing a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

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b) The petitioner shall appear before the Investigating Officer on all Saturdays between 9 AM and 11 AM, for 2 months or till final report is filed, whichever is earlier.

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c) The Petitioner shall surrender his passport, if any, forthwith. If he does not have a passport, he shall file an affidavit to that effect before the jurisdictional court.

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d) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

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e) The petitioner shall not commit any offence while he is on bail.

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B.A.No.65 of 2018 3

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

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Sd/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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//True Copy\

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P.A to Judge

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IAP

Jithin v. State of Kerala

Case brief

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Jithin v. State of Kerala

Case brief

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