Allowed

Sarath K.S. v. State of Kerala

Kerala HC4 Mar 2022Bail Appl./228/2022

Case brief

AI extract

What is this about?

Kerala High Court allowed bail to the petitioner accused under the NDPS Act after he completed 59 days in custody without a final report being filed by the police, noting entitlement to statutory bail on completion of 60 days in custody.

What did the court decide?

Petitioner released on bail subject to executing a bond of Rs. 50,000 with two solvent sureties and complying with standard investigation and non-interference conditions.

Sarath K.S. 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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FRIDAY, THE 4^TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943

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BAIL APPL. NO. 228 OF 2022

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PETITIONER:

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SARATH K.S. AGED 24 YEARS S/O.SASI, KODALICHIRA HOUSE, AROOKUTTY P.O., POOCHACKAL, ALAPPUZHA DISTRICT - 688 535.

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BY ADV R.LAIJU

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RESPONDENTS:

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

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2 STATION HOUSE OFFICER AROOR POLICE STATION, ALAPPUZHA DISTRICT - 688 535.

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SMT. SEETHA. S. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO.228 OF 2022

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ORDER

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Petitioner is the accused in Crime No.10/2022 of Aroor Police Station, Alappuzha district alleging commission of offences under Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter 'the NDPS Act').

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The allegation against the petitioner is that, the petitioner was found in possession of 1.514 kilo grams of ganja at about 6.30 PM on 03.01.2022 while traveling on the 'AroorKeltron road' and thereby he committed the offence alleged against him.

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Learned counsel for the petitioner submits that the grant of bail may be considered on account of the fact that the petitioner has been in custody for 59 days and no final report has been filed in the matter. It is submitted that in a case involving an offence relating to a contraband in less than a commercial quantity, under the NDPS Act, the petitioner is entitled to statutory bail on completion of 60 days in custody.

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Learned Public Prosecutor confirms that no final report has been filed in the matter. It is submitted that the final

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BAIL APPL. NO.228 OF 2022

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report could not be filed because the other accused in the case has approached this Court by filing an anticipatory bail application and the said accused is yet to be arrested.

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Having regard to the above, without going into any aspect of the matter, I am inclined to grant bail.

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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 appear before the investigating officer in Crime No.10/2022 of Aroor Police Station as and when called upon to do so.

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(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.10/2022 of Aroor Police Station;

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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

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BAIL APPL. NO.228 OF 2022

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Investigating officer in Crime No.10/2022 of Aroor Police Station may file an application before the jurisdictional Court for cancellation of bail.

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Sd/GOPINATH P. JUDGE

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Sarath K.S. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sarath K.S. v. State of Kerala

Case brief

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What did the court decide?

What the court decided

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