Allowed

Vinish Kumar v. State of Kerala

Kerala HC25 Feb 2019Bail Appl./233/2019

Case brief

AI extract

What is this about?

The Court allowed bail applications filed by the second and third accused in a commercial quantity hashish case under the NDPS Act. Relying on a prior order extending detention, the Court granted bail subject to conditions including ensuring appearance, preventing witness tampering, surrendering passports, and depositing money.

What did the court decide?

Bail granted on conditions including bond execution, sureties, appearance before investigating officer, de facto witness protection, deposit of 1 lakh with court, and surrender of passport.

Vinish Kumar Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2019)

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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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MONDAY ,THE 25TH DAY OF FEBRUARY 2019 / 6TH PHALGUNA, 1940

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Bail Appl..No. 233 of 2019

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AGAINST THE ORDER IN CRMP 1142/2018 of ADDITIONAL SESSIONS COURT, THIRUVANANTHAPURAM DATED 06-07-2018

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CRIME NO. 14/2018 OF THIRUVANANTHAPURAM

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EXCISE CIRCLE OFFICE , THIRUVANANTHAPURAM

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PETITIONER/2ND ACCUSED:

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VINISH KUMAR AGED 39 YEARS S/O.SIVADASAN,CHAKKAMURIPARAMBIL VEEDU, THANIPADAM,PEECHI VILLAGE,CHUVANNAMANNU.P.O, PATTIKKAD,THRISSUR DISTRICT.

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BY ADVS. SRI.PHILIP T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.V.T.LITHA SRI.THOMAS T.VARGHESE

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BYTHE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031, REPRESENTING THE EXCISE CIRCLE INSPECTOR, EXCISE CIRCLE,THIRUVANANTHAPURAM-695001.

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(PP) SRI. SAJJU S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.02.2019, ALONG WITH Bail Appl..600/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 233 of 2019 & Bail Appl..No. 600 of 2019

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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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MONDAY ,THE 25TH DAY OF FEBRUARY 2019 / 6TH PHALGUNA, 1940

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Bail Appl..No. 600 of 2019

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AGAINST THE ORDER IN Bail Appl. 8327/2018 of HIGH COURT, ERNAKULAM

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AGAINST THE ORDER IN CRMP 2380/2018 of SESSIONS COURT, THIRUVANANTHAPURAM, DATED 27-11-2018

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CRIME NO. 14/2018 OF THIRUVANANTHAPURAM

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EXCISE CIRCLE OFFICE , THIRUVANANTHAPURAM

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PETITIONER/ACCUSED NO.3:

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ANOOP AGED 28 YEARS S/O. MURUKESAN,

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RESIDING AT ANOOPBHAVAN, S.N. NAGAR, VEERNAKAVU VILLAGE, KATTAKKADA TALUK, THIRUVANANTHAPURAM.

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BY ADV. SRI.V.S.THOSHIN

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RESPONDENT/STATE & COMPLAINANT:

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1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031..

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2 THE CIRCLE INSPECTOR OF EXCISE, EXCISE OFFICE, THIRUVANANTHAPURAM RURAL-695001.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.02.2019, ALONG WITH Bail Appl..233/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 233 of 2019 & Bail Appl..No. 600 of 2019

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C O M M O N O R D E R

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[ Bail Appl. 233/2019 & Bail Appl..600/2019 ]

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The petitioners herein stands arrayed as the second and third accused in Crime No.14/2018 of Excise Circle Office, Thiruvananthapuram, for offences punishable under sections 20(b) (ii) (C ) and 29 of the NDPS Act.

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The allegation of the prosecution is that, the petitioners herein along with other accused were found transacting hashish on 25.5.2018 at 5.30 pm. 10.202 kilograms of hashish was recovered. The petitioners were arrested along with the other accused and are in custody since then. They seek bail.

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It seems that commercial quantity is involved. An application for extension of the period of detention beyond the period of 180 days was filed by the prosecutor. Extension was granted by court below. It was set aside by the order of this Court in Crl.M.C.No.1016/2019 by order dated 20.02.2019. Consequently, bail was granted to the

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Bail Appl..No. 233 of 2019 & Bail Appl..No. 600 of 2019

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first accused by other bench of this court on 20.02.2019. Necessarily that benefit should enure to the petitioners also. Having considered this, I am inclined to grant bail to the petitioners on the following conditions:

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(i) Each of the petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees one lakh thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court.

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(ii) They shall appear before the investigating officer on all Saturdays between 9 am and 10 am for a period of three months.

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(iii) Each of the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees one lakh only) before the jurisdictional Court, within one week from the date of execution of the bail bond, which shall be an essential condition of granting bail. The trial court shall consider the disbursement of the amount on the basis of the evidence.

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(iv) They shall not threaten, coerce or intimidate the

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defacto complainant and the witnesses nor shall they interfere in the process of investigation.

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Bail Appl..No. 233 of 2019 & Bail Appl..No. 600 of 2019

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(v) They shall not get involved in any other crime

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and involvement of it, will be a ground for cancellation of bail in this case.

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(vi) They shall surrender their passport, if not surrendered already, within seven days from the date of their release and if they are not holding the passport, they shall file an affidavit within seven days. Further direction regarding the release of the passport can be made by the trial court.

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Bail applications are allowed as above.

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Sd/- SUNIL THOMAS, JUDGE

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R.AV

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//True Copy//

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PA to Judge

Vinish Kumar v. State of Kerala

Case brief

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Vinish Kumar v. State of Kerala

Case brief

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