Allowed

Sibi Joy v. State of Kerala

Kerala HC3 Mar 2022Bail Appl./626/2022

Case brief

AI extract

What is this about?

The Kerala High Court allowed a bail application filed by the first accused charged with possession of MDMA under the NDPS Act. The court granted bail as the accused had completed 56 days in custody, noting statutory entitlement after 60 days, subject to conditions.

What did the court decide?

Petitioner released on bail subject to bond of Rs. 50,000 with two sureties and conditions to appear, not interfere with witnesses, and not commit other crimes.

Sibi Joy 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. THURSDAY, THE 3^RD DAY OF MARCH 2022 / 12TH PHALGUNA, 1943 BAIL APPL. NO. 626 OF 2022

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PETITIONER:

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SIBI JOY AGED 23 YEARS SON OF JOY, KALAPPURAKKAL HOUSE, THAINURI BHAGAM, CHITTOOR P.O, EDAYAKUNNAM, CHERANALLOOR. ERNAKULAM, PIN - 682027 BY ADVS. P.MOHAMED SABAH SAIPOOJA LIBIN STANLEY SADIK ISMAYIL M.MAHIN HAMZA

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER INFO PARK POLICE STATION, KAKKANAD ERNAKULAM, PIN - 682042 BY ADV PUBLIC PROSECUTOR SRI. T.R. RENJITH (SR. PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL.NO. 626 OF 2022

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ORDER

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Petitioner is the first accused in Crime No.16/2022 of Info Park Police Station alleging commission of offences under Sections 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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The allegation against the petitioner is that, the petitioner was found in possession of 3.410 grams of MDMA and thereby he committed the offences alleged against him.

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Learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner has been falsely implicated in the matter and that there was no recovery of contraband from the petitioner. It is submitted that the petitioner has been in custody from 07.01.2022 and has completed 56 days in custody as on date. It is submitted that since the final report has not been filed in the matter, the petitioner is entitled to statutory bail on completion of 60 days in custody.

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Learned Public Prosecutor vehemently opposes the grant of bail. The circumstances appearing against the petitioner

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BAIL APPL.NO. 626 OF 2022

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are pointed out from the record and it is submitted that the petitioner is accused of having committed a serious offence and is not entitled to be released on bail. However, it is submitted that no criminal antecedents are reported against the petitioner.

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Having regard to the facts and circumstances of the case and considering the fact that the petitioner would be entitled to statutory bail on completion of 60 days in custody (if final report is not filed) and considering the fact that the petitioner has been in custody for 56 days, I am of the opinion that the petitioner can be granted bail subject to conditions. I also note that the learned Public Prosecutor upon instructions, submitted that the filing of the final report will take some more time as the chemical analysis report is not yet received.

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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

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BAIL APPL.NO. 626 OF 2022

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of the jurisdictional Court;

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(ii) The petitioner shall appear before the investigating officer in Crime No.16/2022 of Info Park 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.16/2022 of Info Park 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 Investigating officer in Crime No.16/2022 of Info Park Police Station may file an application before the jurisdictional Court for

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cancellation of bail.

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Sd/GOPINATH P. JUDGE

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BAIL APPL.NO. 626 OF 2022

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APPENDIX OF BAIL APPL. 626/2022

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PETITIONER ANNEXURES

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Annexure1 TRUE COPY OF FIRST INFORMATION REPORT IN CRIME NO. 16/2022 OF INFO PARK POLICE STATION Annexure2 TRUE COPY OF THE SEIZURE MAHAZAR IN CRIME NO. 16/2022 OF INFO PARK POLICE STATION,

Sibi Joy v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sibi Joy v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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