Allowed

Nidhnin v. State of Kerala

Kerala HC17 Aug 2020Bail Appl./4265/2020

Case brief

AI extract

What is this about?

In this bail application before the Kerala High Court, petitioner, a juvenile accused in a NDPS case, sought regular bail after surrendering following denial of anticipatory bail. The Court considered his age, length of custody, and the quantity of drugs involved.

What did the court decide?

Bail granted subject to execution of bond for Rs.1,00,000 with two solvent sureties and conditions not to influence witnesses or commit similar offences.

Nidhnin Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2020)

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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 ASHOK MENON

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MONDAY, THE 17TH DAY OF AUGUST 2020 / 26TH SRAVANA, 1942

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Bail Appl..No.4265 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CRMP 1630/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS , KODUNGALLUR

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CRIME NO.6/2020 OF Thrissur E.E. & A.N.S.S , Thrissur

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PETITIONER/A2:

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NIDHIN AGED 20 YEARS S/O LATE UNNIKRISHNAN , CHALLIYIL HOUSE, MYTHRI NAGAR, VALSALAYAM NORTH, EDAVILANGU P.O.KODUNGALLUR TALUK, THRISSUR DISTRICT, THRISSUR, PIN-680 671. 680671

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BY ADVS. SHRI.HASHIM V.H. SRI.P.M.ABDUL JALEEL (KODUNGALLUR) SRI.A.G.VISWAMBHARAN

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. 682031

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OTHER PRESENT:

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SRI.AMJAD ALI SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BA 4265/2020

O R D E R

Dated this the 17th day of August 2020

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This is an application for regular bail under Section 439 Cr.PC.

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Applicant is the second accused in Crime No.6/2020 of Excise Enforcement Anti Narcotic Squad, Thrissur for having allegedly committed offences punishable under Sections 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act.

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The prosecution case in brief is that the first accused was apprehended by the Squad for being in possession of 1.2 KGs of ganja on 11.2.2020. On questioning him, he revealed that the applicant was the person who had brought the ganja from Bangalore, and consequent to that, he was also implicated. There is also a third accused, who was involved in the alleged crime. The applicant had approached this Court seeking anticipatory

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BA 4265/2020

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bail and vide order dated 16.6.2020 in BA No.1798/2020, the bail was declined, and he was directed to surrender before the investigating officer. Accordingly, he surrendered before the investigating officer on 29.6.2020, and has been in judicial custody since then. The bail application filed by him before the jurisdictional court was dismissed. He, therefore, seeks indulgence of this Court to grant him bail. It is stated that he has no criminal antecedents of similar nature, and that he is only 20 years old, and therefore he may be released on bail.

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Heard the learned counsel appearing for the applicant and the learned Public Prosecutor.

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The learned Public Prosecutor submits that the applicant has criminal antecedents in 2017, when he was involved in a POCSO case. However, he is not involved in any NDPS Act case.

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Considering the fact that he is aged only 20 years

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and has been in custody for 50 days and the quantity

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BA 4265/2020

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involved is only intermediary, I am inclined to grant him bail.

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In the result, the Bail Application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court, and on the following conditions:

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(i) He shall appear before the investigating officer as and when called for and cooperate with the investigation.

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(ii) He shall not attempt to influence or intimidate the witnesses or tamper with evidence.

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(iii) He shall not get involved in similar offences during the currency of the bail.

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In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

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Sd/- ASHOK MENON JUDGE

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Nidhnin v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nidhnin 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

Parties & counsel

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