Allowed

Ajayan v. State of Kerala

Kerala HC23 Jul 2021Bail Appl./4942/2021

Case brief

AI extract

What is this about?

In pending bail applications concerning the seizure of narcotics, the High Court of Kerala held that petitioners were entitled to release on bail as a matter of right. This was due to the inability of the Special Court to file a final report or seek an extension of the 180-day investigation period under the NDPS Act. Bail was granted with specific conditions.

What did the court decide?

Petitioners were released on bail by executing a bond of Rs. 50,000 with sureties, surrendering passports, not tampering with evidence, and reporting to the IO weekly.

Ajayan 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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FRIDAY, THE 23^RD DAY OF JULY 2021 / 1ST SRAVANA, 1943 BAIL APPL. NO. 4942 OF 2021

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CRIME NO.324/2020/CB/IDK/R/2020 OF CBCID, IDUKKI, Idukki PETITIONER/4TH ACCUSED:

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AJAYAN AGED 36 YEARS S/O.AYYAPPU, RESIDING AT PALAYEKKAD VEEDU, MUKKANNITHAZHAM BHAGAM, KOMMERIKKARA, KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN - 673 007.

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BY ADVS. J.R.PREM NAVAZ SUMEEN S.

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RESPONDENT/STATE:

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

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BY ADV.SMT.SREEJA V., PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.07.2021, ALONG WITH Bail Appl..4945/2021, 5004/2021 5115/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL.NO.4942/2021 & con.cases

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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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FRIDAY, THE 23^RD DAY OF JULY 2021 / 1ST SRAVANA, 1943 BAIL APPL. NO. 4945 OF 2021

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CRIME NO.324/2020/CB/IDK/R/2020 OF CBCID, IDUKKI, Idukki PETITIONER/2ND ACCUSED:

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MEHAR SHERIM K. AGED 26 YEARS KORAMBILAKKAL HOUSE, COLLEGE ROAD BHAGOM, PALLIKKAL KARA, TIRURANGADI, MALAPPURAM DISTRICT - 676 306.

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BY ADVS. AJMAL V. A. FATHIMA V.A.

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RESPONDENT/COMPLAINANT:

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

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BY ADV.SMT.SREEJA V., PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.07.2021, ALONG WITH Bail Appl..4942/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL.NO.4942/2021 & con.cases

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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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FRIDAY, THE 23^RD DAY OF JULY 2021 / 1ST SRAVANA, 1943

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BAIL APPL. NO. 5004 OF 2021

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CRIME NO.324/2020/CB/IDK/R/2020 OF CBCID, IDUKKI, Idukki PETITIONER/5TH ACCUSED:

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SALMAN AGED 38 YEARS S/O.MOIDEENKOYA, MIHRAJ MANZIL HOUSE, PERUMUGHAM BHAGOM, PERUMUGHAM KARA, FAROCK VILLAGE, KOZHIKKODE DISTRICT.

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BY ADV C.R.REKHESH SHARMA

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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BY ADV.SMT. SREEJA V., PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.07.2021, ALONG WITH Bail Appl..4942/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL.NO.4942/2021 & con.cases

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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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FRIDAY, THE 23^RD DAY OF JULY 2021 / 1ST SRAVANA, 1943 BAIL APPL. NO. 5115 OF 2021

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CRIME NO.324/2020/CB/IDK/R/2020 OF CBCID, IDUKKI, Idukki

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PETITIONER:

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AJMAL ZAKIR AGED 30 YEARS S/O MOHAMMED ZAKIR, MUNDACKAL HOUSE, THODUPUZHA EAST PO, IDUKKI.

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BY ADVS. S.RAJEEV K.K.DHEERENDRAKRISHNAN V.VINAY M.S.ANEER

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO 324/CB/IDK/R OF 2020) (ORIGINALLY REGISTERED AS CRIME NO 597/2020 OF VAGAMON POLICE STATION)

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BY ADV.SMT.SREEJA V., PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

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23.07.2021, ALONG WITH Bail Appl..4942/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL.NO.4942/2021 & con.cases

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O R D E R

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These are applications filed under Section 439 of the Cr.P.C. moved by accused Nos.4, 2, 5 and 1 respectively in crime No.324/2020/CB/IDK/R/2020 of Crime Branch, Idukki.

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Initially the crime was registered by the Vagamon police alleging offence under Sections 20(b)(ii)(A), 22(a)(b) (c), 27 and 29 of the NDPS Act. Later, the investigation has been taken over by the Crime Branch. Now the investigation is in progress. All these petitioners were arrested on 20.12.2020 and since then they are in judicial custody.

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I heard counsel on both sides.

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Earlier when the cases were taken up, there was

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doubt whether a request along with a report of the Public Prosecutor was moved before the Special Court, seeking extension of time for investigation under Section 36A(4) of the NDPS Act. In order to ascertain the same, a report was called from the court. Following the paragraph from the

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BAIL APPL.NO.4942/2021 & con.cases

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communication dated 15.07.2021 of the learned Special Judge, NDPS Cases, Thodupuzha is extracted below:

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“All the aforesaid three accused were apprehended

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and remanded in this case on 21.12.2020. Still they are in custody. So far no final report has been filed in this crime. No application has been filed till this time u/s.36A(4) of the NDPS Act seeking extension of the period of investigation beyond 180 days.”

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The report of the learned Judge indicates that even after completion of 180 days, final report is not filed nor any

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motion has been made seeking extension of period of investigation as provided under the proviso to sub section(4) of Section 36A of the NDPS Act.

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In the light of the above, the petitioners are entitled to be released on bail as a matter of right.

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In the result, these the petitioners shall be released on bail on the following conditions:-

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i) Petitioners shall execute bond for Rs.50,000/(Rupees Fifty Thousand only) each, with two solvent sureties each for the like sum to the

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BAIL APPL.NO.4942/2021 & con.cases

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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 surrender their passports before the Special Court within ten days from the date of release; if they do not possess passport, affidavits shall be filed to that effect;

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

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v) They shall report before the Investigating Officer on every Saturday between 9 am and 12 noon, until the final report is laid;

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vi) They shall strictly abide 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 petitioners, the jurisdictional court will be a liberty to cancel the bail in accordance with law.

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This bail application is allowed as above.

Sd/-

K.HARIPAL

JUDGE

nkr/23.07.2021

Ajayan v. State of Kerala

Case brief

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Ajayan v. State of Kerala

Case brief

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