Allowed

Abijith v. State of Kerala

Kerala HC17 Jan 2022Bail Appl./107/2022

Case brief

AI extract

What is this about?

The court granted bail to the 19-year-old petitioner accused under the NDPS Act for possession of Ganja. The judge considered the petitioner's age, lack of criminal history, short custody period, and alleged role as an accused inception.

What did the court decide?

Petitioner released on bail subject to execution of bond, no interference with witnesses, surrender of passport (or affidavit), and no involvement in other crimes.

Abijith Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2022)

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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 GOPINATH P.

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MONDAY, THE 17^TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943

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BAIL APPL. NO. 107 OF 2022

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Crime No.323/2021 of Pookkotumpadam Police Station

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PETITIONER/2nd ACCUSED:

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ABIJITH AGED 19 YEARS, S/O. SHAJU P.S. PULIKKANATH, KUTTIKAD P.O., OTTAKOMBAN, PARIYARAM, THRISSUR, PIN - 680721

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BY ADVS. LEO LUKOSE AKSHAY PAVAN ENOCH DAVID SIMON JOEL RONY JOSE SUZANNE KURIAN CIMIL CHERIAN KOTTALIL

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RESPONDENT/STATE:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, (THROUGH THE INSPECTOR OF POLICE, POOKKOTUMPADAM POLICE STATION, MALAPPURAM).

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BY ADV PUBLIC PROSECUTOR

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OTHER PRESENT:

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SRI. T.R. RANJITH (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A. No.107/2022

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O R D E R

The petitioner is the accused in Crime No.323/2021 of Pookkotumpadam Police Station, Malappuram District alleging commission of offences under Sections 20 (b) (ii) B and 29 of the Narcotic Drugs and Psychotropic Substances Act.

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The allegation against the petitioner is that he along with the 1^st accused were found in possession of Ganja and thereby they committed the offences alleged against them. It is alleged that a quantity of 1.830 Kgs was recovered from the 1^st accused and 120 gms was recovered from the possession of the petitioner/2^nd accused.

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The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted the he has been roped in as an accused on some misunderstanding. It is submitted that the petitioner is a 19 year old boy who is the sole bread winner of his family consisting of his mother, sister and ailing grand mother. It is submitted that his continued detention is not necessary for the purpose of any investigation, as the final report has already been filed in the matter.

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I have heard the learned Public Prosecutor also. The learned Public Prosecutor submits that the quantity recovered from petitioner and the 1^st accused indicate that they were in possession of the Ganja for the purposes of sale. It is submitted that though the quantity recovered is only an

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B.A. No.107/2022

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intermediary quantity, that by itself does not entitle the petitioner to seek bail. Following investigation a final report has already been filed in the matter.

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Having regard to the facts and circumstances of the case and taking into account the fact that the petitioner is aged only 19 years and also taking into account the fact that no criminal antecedents have been reported as against the petitioner and considering the fact that the quantity recovered from the possession of the petitioner is only 120 gms and also taking note of the fact that the petitioner has been in custody for the past 47 days, I am of the view that the petitioner can be granted bail subject to conditions.

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In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

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(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

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(ii) The petitioner shall not attempt to influence or intimidate any witness in Crime No.323/2021 of Pookkotumpadam Police Station;

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(iii) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail

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B.A. No.107/2022

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(iv) The petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the Investigating officer

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in Crime No.323/2021 of Pookkotumpadam Police Station may file an

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application before the jurisdictional Court for cancellation of bail.

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Sd/-

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GOPINATH P. JUDGE

AMG

B.A. No.107/2022

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APPENDIX OF BAIL APPL. 107/2022

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PETITIONER ANNEXURES

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Annexure A1 A TRUE COPY OF THE ORDER DATED 21.12.2021 IN CRL.M.P. 1391/2021 ON THE FILES OF THE SPECIAL COURT FOR SC/ST (POA) ACT & NDPS ACT CASES, MANJERI

Abijith v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abijith v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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