Allowed

Alan Kurien Mathew v. State of Kerala

Kerala HC13 Jun 2022Bail Appl./1324/2022

Case brief

AI extract

What is this about?

The High Court of Kerala granted regular bail to four accused persons in a narcotics case. The petitioner had earlier been refused bail on grounds of commercial quantity of MDMA. The High Court granted bail based on new forensic evidence showing Methamphetamine recovery not in commercial quantity and pending charge sheet after 172 days custody.

What did the court decide?

Released on bail with bond of Rs. 50,000 each with two sureties of like amount, subject to conditions of reporting, not interfering with investigation, and not committing other crimes.

Alan Kurien Mathew Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 13TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944
BAIL APPL. NO. 1324 OF 2022

¶4

CRIME NO.1576/2021 OF Thrikkakara Police Station, Ernakulam

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PETITIONER/2ND ACCUSED:

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ALAN KURIEN MATHEW
AGED 24 YEARS, KANIYAMPARAMBIL HOUSE,
VADAVATHOOR, VIJAYAPURAM P.O, KOTTAYAM
PIN - 686010
BY ADV MANU ROY

¶7

RESPONDENT/STATE:

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

¶9

BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)

¶10

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.06.2022, ALONG WITH Bail Appl..2001/2022, 2362/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶11

Bail Appl. Nos. 1324/2022, 2001/2022, 2362/2022, 2628/2022

¶12

¶13

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 13TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944

¶15

BAIL APPL. NO. 2001 OF 2022

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CRIME NO.1576/2021 OF Thrikkakara Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT IN Bail Appl. 361/2022 OF HIGH
COURT OF KERALA

¶17

PETITIONER/1ST ACCUSED:

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ERSHAD
AGED 22 YEARS
ASMA MANZIL, PAVOM, CHERUKUNNU,
KANNUR DISTRICT, PIN - 670301

¶19

BY ADVS.
P.A.MUJEEB
N.A.SHAFEEK(K/767/2004)
RESHMA R.(K/001099/2021)
DONEESHYA KITHU C.V.(K/000500/2018)
ROSHNI PHILOMINA T.A.(K/001250/2021)

¶20

RESPONDENT/STATE:

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

¶22

BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)

¶23

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.06.2022, ALONG WITH Bail Appl..1324/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶24

Bail Appl. Nos. 1324/2022, 2001/2022, 2362/2022, 2628/2022

¶25

¶26

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 13TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944

¶28

BAIL APPL. NO. 2362 OF 2022

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CRIME NO.1576/2021 OF Thrikkakara Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT IN FIR 1576/2021 OF DISTRICT
COURT & SESSIONS COURT, ERNAKULAM

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PETITIONER/3RD ACCUSED:

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SHABEER

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AGED 39 YEARS, S/O ABDULRAHIMAN,
VARAMBU MURIYIL CHAPPAYIL VEEDU, PARIPPAI KARA,
CHENGALAYI VILLAGE,KANNUR DISTRICT. , PIN - 670631

¶33

BY ADV V.SETHUNATH

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RESPONDENT/COMPLAINANT/STATE:

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THE STATE OF KERALA REPRESENTED BY THE PUBLIC
PROSECUTOR
OFFICE OF THE ADVOCATE'S GENERAL,
HIGH COURT OF KERALA, ERNAKULAM , PIN - 682031

¶36

BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)

¶37

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.06.2022, ALONG WITH Bail Appl..1324/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶38

¶39

Bail Appl. Nos. 1324/2022, 2001/2022, 2362/2022, 2628/2022

¶40

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶41

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶42

MONDAY, THE 13TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944

¶43

BAIL APPL. NO. 2628 OF 2022

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CRIME NO.1576/2021 OF Thrikkakara Police Station, Ernakulam
PETITIONER/ACCUSED NO.5:

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MUHAMMED FAHIM
AGED 25 YEARS, S/O MUHAMMED MUSTHAFA,
IYYARAKATH PUTHENPURAYIL HOUSE,
KOTTOOR, SREEKANDAPURAM P.O,
KANNUR, PIN - 670631

¶46

BY ADV MANAS P HAMEED

¶47

RESPONDENT/COMPLAINANT/STATE:

¶48

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

¶49

BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)

¶50

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.06.2022, ALONG WITH Bail Appl..1324/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶51

Bail Appl. Nos. 1324/2022, 2001/2022, 2362/2022, 2628/2022

¶52

¶53

ORDER

¶54

[Bail Appl. Nos.1324/2022, 2001/2022, 2362/2022, 2628/2022]

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These are the applications for regular bail.

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These bail applications are filed by accused Nos.1, 2, 3 & 5 in Crime No.1576 of 2021 of Thrikkakara Police Station, Ernakulam District alleging commission of offences under Sections 8, 22(c), 20(B)IIA & 29 of Narcotic Drugs & Psychotropic Substances Act (NDPS Act).

¶57

I had rejected these bail applications filed by the petitioners in these cases earlier taking note of the provisions of Section 37 of the NDPS Act and taking note of the allegation of the prosecution that what was recovered from the petitioners was MDMA in which case the quantity recovered from the petitioners was in commercial quantity. Today when these matters are taken up for consideration, it is the submission of learned Public Prosecutor that the report secured by the prosecution from the Forensic Science Laboratory Report has shown that some part of the contraband recovered from the petitioners is not MDMA but is Methamphetamine. It is submitted that though both MDMA and Methamphetamine had

¶58

Bail Appl. Nos. 1324/2022, 2001/2022, 2362/2022, 2628/2022 6

¶59

been recovered, the quantities of both are not in commercial quantity and therefore the petitioners may be entitled to statutory bail on completion of 60 days in custody. It is submitted that a final report is yet to be filed in the matter and the petitioners have been in custody for 172 days. Taking note of the above and without going into any another aspect, I direct that the petitioners in these bail applications shall be released on bail subject to the following conditions.

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(i) The petitioners shall execute separate bonds for sums 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 Petitioners shall report before the Investigating officer in Crime No.1576 of 2021 of Thrikkakara Police Station, Ernakulam District as and when summoned to do so;

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(iii) The petitioners shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.1576 of 2021 of Thrikkakara Police Station, Ernakulam District;

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

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Bail Appl. Nos. 1324/2022, 2001/2022, 2362/2022, 2628/2022

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If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1576 of 2021 of Thrikkakara Police Station, Ernakulam District may file an application before the jurisdictional Court for cancellation of bail.

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Sd/-

¶68

GOPINATH P. JUDGE

¶69

ats

Alan Kurien Mathew v. State of Kerala

Case brief

What is this about?

What did the court decide?

Alan Kurien Mathew v. State of Kerala

Case brief

What is this about?

What did the court decide?

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