Bail applications of accused charged under NDPS Act were allowed after prosecution revealed forensic report showed non-commercial quantities of drugs, satisfying 60-day custody requirement for statutory bail.
Release of petitioners on bail subject to bonds, reporting, non-interference with investigation, and no new crimes.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 13TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944
BAIL APPL. NO. 1324 OF 2022
CRIME NO.1576/2021 OF Thrikkakara Police Station, Ernakulam
PETITIONER/2ND ACCUSED:
ALAN KURIEN MATHEW
AGED 24 YEARS, KANIYAMPARAMBIL HOUSE,
VADAVATHOOR, VIJAYAPURAM P.O, KOTTAYAM
PIN - 686010
BY ADV MANU ROY
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
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:
Bail Appl. Nos. 1324/2022, 2001/2022, 2362/2022, 2628/2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 13TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944
BAIL APPL. NO. 2001 OF 2022
CRIME NO.1576/2021 OF Thrikkakara Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT IN Bail Appl. 361/2022 OF HIGH
COURT OF KERALA
PETITIONER/1ST ACCUSED:
ERSHAD
AGED 22 YEARS
ASMA MANZIL, PAVOM, CHERUKUNNU,
KANNUR DISTRICT, PIN - 670301
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)
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
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:
Bail Appl. Nos. 1324/2022, 2001/2022, 2362/2022, 2628/2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 13TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944
BAIL APPL. NO. 2362 OF 2022
CRIME NO.1576/2021 OF Thrikkakara Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT IN FIR 1576/2021 OF DISTRICT
COURT & SESSIONS COURT, ERNAKULAM
PETITIONER/3RD ACCUSED:
SHABEER
AGED 39 YEARS, S/O ABDULRAHIMAN,
VARAMBU MURIYIL CHAPPAYIL VEEDU, PARIPPAI KARA,
CHENGALAYI VILLAGE,KANNUR DISTRICT. , PIN - 670631
BY ADV V.SETHUNATH
RESPONDENT/COMPLAINANT/STATE:
THE STATE OF KERALA REPRESENTED BY THE PUBLIC
PROSECUTOR
OFFICE OF THE ADVOCATE'S GENERAL,
HIGH COURT OF KERALA, ERNAKULAM , PIN - 682031
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
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:
4
Bail Appl. Nos. 1324/2022, 2001/2022, 2362/2022, 2628/2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 13TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944
BAIL APPL. NO. 2628 OF 2022
CRIME NO.1576/2021 OF Thrikkakara Police Station, Ernakulam
PETITIONER/ACCUSED NO.5:
MUHAMMED FAHIM
AGED 25 YEARS, S/O MUHAMMED MUSTHAFA,
IYYARAKATH PUTHENPURAYIL HOUSE,
KOTTOOR, SREEKANDAPURAM P.O,
KANNUR, PIN - 670631
BY ADV MANAS P HAMEED
RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
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:
Bail Appl. Nos. 1324/2022, 2001/2022, 2362/2022, 2628/2022
5
ORDER
[Bail Appl. Nos.1324/2022, 2001/2022, 2362/2022, 2628/2022]
These are the applications for regular bail.
Bail Appl. Nos. 1324/2022, 2001/2022, 2362/2022, 2628/2022 6
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.
Bail Appl. Nos. 1324/2022, 2001/2022, 2362/2022, 2628/2022
7
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.
Sd/-
GOPINATH P. JUDGE
ats
1 issue framed by the court
Whether petitioners entitled to statutory bail after 60 days given quantity of drugs reduced to non-commercial quantity due to forensic report.
1 provisions across 1 enactments
ALAN KURIEN MATHEW
ERSHAD
SHABEER
MUHAMMED FAHIM
STATE OF KERALA
GOPINATH P
As recorded by the court registry
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