Allowed

Jojo v. State of Kerala

Kerala HC9 Aug 2021Bail Appl./3568/2021

Case brief

AI extract

What is this about?

The High Court of Kerala accepted bail applications from two accused involved in possession of a narcotic. Although originally charged with MDMA possession, the chemical report confirmed Methamphetamine, downgrading the offense under Section 22(b) of the NDPS Act. Considering their clean record and custody duration, bail was granted with strict conditions.

What did the court decide?

Petitioners released on bail by executing bond with two solvent sureties for Rs.50,000 each and complying with specified conditions including social distancing guidelines.

Jojo 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 K.HARIPAL

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MONDAY, THE 9^TH DAY OF AUGUST 2021 / 18TH SRAVANA, 1943 BAIL APPL. NO. 3568 OF 2021

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(CRIME NO.10/2020 OF ALUVA EXXCISE CIRCLE OFFICE, ERNAKULAM)

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PETITIONER/ACCUSED:

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JOJO AGED 31 YEARS KFDC QUARTERS, GAVI COLONY, GAVIKARA, SEETHATHODU VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT ERNAKULAM, PIN – 689667

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BY ADV P.MOHAMED SABAH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 THE INSPECTOR ALUVA EXCISE CIRCLE OFFICE, ALUVA, ERNAKULAM DISTRICT ERNAKULAM, PIN – 683101

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BY ADV. SMT. SREEJA V. - SR.PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.08.2021, ALONG WITH Bail Appl..2932/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A.No.3568 & 2932 of 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 K.HARIPAL MONDAY, THE 9^TH DAY OF AUGUST 2021 / 18TH SRAVANA, 1943 BAIL APPL. NO. 2932 OF 2021

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(CRIME NO.10/2020 OF ALUVA EXXCISE CIRCLE OFFICE, ERNAKULAM)

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PETITIONER/ACCUSED:

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RAMSHAD

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AGED 27 YEARS HOUSE NO. 2-21 A, CHIRKKAL HOUSE NEAR COSTUMS JETTY, KALVATHI KARA FORT KOCHI VILLAGE, KOCHI TALUK ERNAKULAM DISTRICT ERNAKULAM, PIN - 682001

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BY ADVS. KHADEEJA RISHBATH KALLINGAL SHRI.ASHISH GOPAL K G SMT.SREEJA K.S. SMT.ANJU J.V. SHRI.PETER JIBIN I.G.

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RESPONDENT:

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

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BY ADV. SMT. SREEJA V. - SR.PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.08.2021, ALONG WITH BAIL APPL..3568/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A.No.3568 & 2932 of 2021

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ORDER

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These are applications for regular bail moved by accused

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Nos.1 and 2 respectively in Crime No.10/2020 of Aluva Excise

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Range, which was registered alleging offence under Sections 22(c), 25 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985. The crime was registered by the Circle Inspector Excise after seizing 35 grams of MDMA from the possession of the petitioners. They were intercepted while they were moving in a car and were arrested along with contraband and seek bail as they are in judicial custody.

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After competition of investigation, charge sheet has already been laid. At that time the charge sheet was made pending receipt of the Chemical Examination Report. Now chemical analysis report indicates that, in fact, the contraband was Methamphetamine and not MDMA. In that case, 35 grams of Methamphetamine would attract only offence under Section 22(b) of the NDPS Act. The petitioners are in custody for the last 295 days. Charge sheet has already laid. They do not have criminal antecedents also.

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Therefore, both of them shall be released on bail on the following conditions:-

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B.A.No.3568 & 2932 of 2021

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i) The petitioners shall execute bond for Rs.50,000/-(Rupees

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Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

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ii) They shall not try to contact or influence the witnesses or tamper with the evidence;

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iii) They shall not leave the country without permission of the jurisdictional Court;

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iv) They shall not involve in any crime during the period on bail;

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v) They shall appear before the Investigating Officer/ trial Court as and when required.

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vi) The petitioners shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19 pandemic;

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vii) If any of the above conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

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The bail application is allowed as above.

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Sd/-

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K.HARIPAL

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JUDGE

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SMF

Jojo v. State of Kerala

Case brief

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What did the court decide?

Jojo v. State of Kerala

Case brief

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