Allowed

Franco v. State of Kerala

Kerala HC12 Aug 2020Bail Appl./4275/2020

Case brief

AI extract

What is this about?

The High Court allowed the bail application of an accused in an NDPS possession case. Despite antecedents and pending charges in other cases, the Court granted bail considering the prolonged custody and potential trial delay due to the pandemic, subject to stringent conditions.

What did the court decide?

Applicant released on bail on execution of a bond of Rs. 50,000 with two solvent sureties, subject to conditions of appearance, non-tampering with evidence, and non-reoffending.

Franco 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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WEDNESDAY, THE 12TH DAY OF AUGUST 2020 / 21ST SRAVANA, 1942

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Bail Appl..No.4275 OF 2020

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AGAINST THE ORDER/JUDGMENT IN SC 163/2019 OF ADDITIONAL DISTRICT COURT, THRISSUR

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CRIME NO.981/2018 OF Town East Police Station , Thrissur

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PETITIONER/S:

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FRANCO AGED 25 YEARS THRISSUR, PIN-680006. 680006

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BY ADV. SRI.RAJIT

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY THE 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 12.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.4275 OF 2020 2

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O R D E R

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Dated this the 12th day of August 2020

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This application is for regular bail under Section 439 Cr.P.C.

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The applicant is the 1st accused in Crime No.981/2018 of the Town East Police Station, Thrissur pending trial as SC No.163/2019 on the files of the Ist Additional Sessions Court, Thrissur for having allegedly committed offence punishable under Sections 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act. The applicant was arrested on 26.11.2018 and continues to be in judicial custody. His earlier bail applications were dismissed on the ground that he has other criminal antecedents. He was an accused in nine other crimes, which includes offences under the IPC, Immoral Traffic Act and also under the NDPS Act. In the instant case, the applicant was apprehended together with the 2nd accused on 26.11.2018 for having in his possession, 440 grams of Charas. The 2nd accused is already on bail. The applicant was denied bail mainly for the reason that he has antecedents. The learned counsel appearing for the applicant submits that all the cases except three, have already been disposed of and that he was acquitted in all those

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Bail Appl..No.4275 OF 2020 3

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cases. Presently, there are three cases pending against him, which is under the Immoral Traffic Act, for an offence under Section 308 of IPC and one case under the NDPS case for being in possession of a small quantity of a drug. I find that he has been in custody for 605 days. Considering the gravity of the offence in which he is presently involved, a report was called for from the trial court which states that the trial is likely to take some time to conclude considering the present pandemic situation and the lockdowns. Under the circumstances, I find that the applicant has to be released on bail, on stringent conditions.

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The application is therefore allowed, and it is hereby directed that the applicant shall be released on bail on the execution of a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court, and on following conditions:-

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(i) He shall appear before the trial court on all posting dates unless explicitly excluded by the trial court.

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

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

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Bail Appl..No.4275 OF 2020 4

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In case of violation of any bail condition, the prosecution is at

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liberty to apply for cancellation of the bail before the jurisdictional

court.

Sd/-

ASHOK MENON

JUDGE

rmm

Franco v. State of Kerala

Case brief

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Franco v. State of Kerala

Case brief

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