Allowed

Shijas E.M. v. State of Kerala

Kerala HC9 Aug 2021Bail Appl./4758/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed bail applications for two accused persons charged under the NDPS Act. The initial charge involved MDMA seizures allegedly exceeding permissible limits, but a subsequent chemical report indicated it was methamphetamine of intermediate quantity. Ruling that Section 37's rigours did not apply, the Court granted bail subject to standard conditions including bond, regul

What did the court decide?

Release on bail subject to execution of bond, appearance obligations, and adherence to social distancing guidelines.

Shijas E.M. 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

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BAIL APPL. NO. 4758 OF 2021

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IN CRIME NO. 260 OF 2021 OF CENTRAL POLICE STATION, ERNAKULAM

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DISTRICT

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AGAINST THE ORDER/JUDGMENT IN CRMC 1058/2021 OF I ADDITIONAL

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DISTRICT COURT, ERNAKULAM, ERNAKULAM

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PETITIONER/1ST ACCUSED:

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SHIJAS E.M. AGED 29 YEARS S/O.MAJEED, RESIDING AT 4/476A, ELANJIKAL HOUSE, MALIAKKAL ROAD, MALIAKKAL PARAMBU, MATTANCHERY, KOCHI - 682 001.

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BY ADVS. B.RAMAN PILLAI (SR.) D.LEEMA ROSY

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PINCODE - 682 031.

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SR.PP - SMT. SREEJA V.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.08.2021, ALONG WITH Bail Appl..5054/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NOs. 4758 & 5054 OF 2021 2

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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

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BAIL APPL. NO. 5054 OF 2021

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IN CRIME NO. 260 OF 2021 OF CENTRAL POLICE STATION, ERNAKULAM

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DISTRICT

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AGAINST THE ORDER/JUDGMENT IN CRMC 1063/2021 OF I ADDITIONAL

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DISTRICT COURT, ERNAKULAM, ERNAKULAM

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PETITIONER/2ND ACCUSED:

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ROMAL ANTONY ROSHAN AGED 28 YEARS

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S/O.ROSHAN, RESIDING AT ALUMKAL HOUSE, KUMBALANGHI, ERNAKULAM, KOCHI, PINCODE - 682007.

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BY ADV D.LEEMA ROSY

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PINCODE - 682 031.

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SR.PP - SMT. SREEJA V.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.08.2021, ALONG WITH Bail Appl..4758/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NOs. 4758 & 5054 OF 2021 3

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ORDER

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These applications are moved by accused Nos. 1 and 2 respectively in Crime No. 260 of 2021 of Central police station, Ernakulam, which was registered after seizing 11.52 grams of MDMA. So the crime was registered alleging offence under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act. Petitioners are in judicial custody from the date of arrest and thereafter, on conclusion of investigation, charge sheet has already been laid, which is pending before the Special Court for the trial of NDPS Act cases, Ernakulam.

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When taken up, the learned Public Prosecutor has submitted that, at the time of laying the final report, chemical analysis report is not received. Now the chemical analysis report was received from the Chemical Examiner's Laboratory. The chemical examination report dated 03-08-2021, indicates that, it is methaphetamine and not MDMA. That means, what is involved is intermediate quantity of narcotic drug so that

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BAIL APPL. NOs. 4758 & 5054 OF 2021

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Section 22(b) alone can be attracted.

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I heard the learned counsel on both sides.

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Petitioners do not have criminal antecedents. The

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charge sheet has already been laid. They are in custody from the date of arrest on 06-03-2021. In the light of the chemical examination report, the rigour under Section 37 of the NDPS Act is not applicable and there is no legal impediment in granting bail to the petitioners. Therefore, both of them shall be released on bail on the following conditions:-

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i) 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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BAIL APPL. NOs. 4758 & 5054 OF 2021

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v) They shall appear before the Investigating Officer/ trial

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Court as and when required;

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vi) Petitioners shall strictly abide the various guidelines

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issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19 pandemic; vii) If any of the above conditions are violated by the petitioners, the jurisdictional court will be a liberty to cancel the bail, in accordance with law.

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Bail Application is allowed as above.

Sd/-

K.HARIPAL

JUDGE

RMV/09/08/2021

Shijas E.M. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shijas E.M. 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

Parties & counsel

Coram

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