Allowed

Gopan Suresh v. State of Kerala

Kerala HC8 Mar 2021Bail Appl./1205/2021

Case brief

AI extract

What is this about?

This order grants regular bail to the first accused in an NDPS case involving intermediate quantity of cocaine and MDMA. The court considered the accused's antecedents and imposed a high bond amount with conditions to appear weekly and refrain from interfering with witnesses or committing further offences.

What did the court decide?

Released on bail on bond of Rs.1,00,000/- with two solvent sureties each for Rs.1,00,000/-, subject to weekly appearance and other conditions.

Gopan Suresh Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2021)

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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 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

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Bail Appl..No.1205 OF 2021

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CRIME NO.51/2020 OF EXCISE ENFORCEMENT & ANTI NARCOTIC SPECIAL SQUAD, THRISSUR

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PETITIONER/ACCUSED NO.1:

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GOPAN SURESH, AGED 31 YEARS, S/O SURESH, KOTTIYATIL HOUSE, KOORKKENCHERY, THRISSUR PIN-680007

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BY ADV. SRI.E.VIJIN KARTHIK

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RESPONDENT/STATE & DEFACTO COMPLAINANT:

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

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OTHER PRESENT:

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SRI.SANTHOSH PETER – SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.1205 OF 2021

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ORDER

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Dated this the 08th day of March, 2021

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APPLICATION FOR REGULAR BAIL

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The applicant is the 1^st accused in Crime No.51 of 2020 of Excise Enforcement & Anti Narcotic Special Squad, Thrissur, for having allegedly committed offences punishable under Sections 21(b), 2(b), 20(b), (ii)A, 29 & 60(3) of the Narcotic Drugs and Psychotropic Substances Act (for short the “NDPS Act”), 1985. The prosecution case, in brief, is this:

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On 08.12.2020 at about 10.00 AM, the Excise officials got discreet information from the Excise intelligence that two youngsters will receive a parcel containing cocaine from the DTDC courier branch at Koorckenchery and that they will be transporting the same on a scooter. Accordingly, they waited for them and saw

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the accused persons coming on a scooter bearing Reg.No.KL-08-BS-5664 and they were intercepted and on inspection, it was found that they had concealed 4.67 grams of cocaine inside a book. They were arrested. Subsequent statements of A1, the applicant was recorded and he admitted

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B.A.No.1205 OF 2021

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having narcotic drugs and ganja in his house and inspection resulted in recovery of 2.56 grams of MDMA and 550 grams of ganja. Crime was registered and the applicant was arrested and remanded to judicial custody. He has completed 90 days of remand. The investigation is not yet completed. The quantity involved is intermediary. The applicant, therefore, prays that he may be released on bail.

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Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor points out that the applicant is a notorious criminal. He has been convicted in an NDPS case, for small quantity. He has 10 other crime registered against him. Considering his antecedents, he may not be released on bail. Considering the fact that the applicant has been carrying only intermediary quantities of narcotic drugs cocaine and MDMA and had only small quantity of ganja with him. Further incarceration of the applicant may not be necessary and he has already completed 90 days in remand and the final report is not yet filed. And, therefore, I find that further incarceration of the applicant may not be necessary. But, considering his antecedents, stringent conditions can be imposed.

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In the result, the application is allowed and the

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B.A.No.1205 OF 2021

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applicant is directed to be released on bail on the execution of a 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 following further conditions:

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(i) He shall appear before the Investigating Officer on all Saturdays between 9.00 AM and 12.00 PM for a period of two months.

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

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

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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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The bail application is allowed.

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Sd/ASHOK MENON JUDGE

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NR/08/03/2021

Gopan Suresh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Gopan Suresh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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