Allowed

Avinaash v. State of Kerala

Kerala HC20 Feb 2023Bail Appl./1167/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed bail applications for two accused persons charged under the NDPS Act. The court noted the contraband was intermediate quantity, no antecedents existed, and conditions of bail were imposed including bond, weekly reporting, and restrictions on travel or interference with witnesses.

What did the court decide?

Petitioners directed to be released on bail subject to bond of Rs.50,000 each with sureties, weekly reporting, and various restrictions.

Avinaash Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2023)

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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 VIJU ABRAHAM

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MONDAY, THE 20^TH DAY OF FEBRUARY 2023 / 1ST PHALGUNA, 1944

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BAIL APPL. NO. 1207 OF 2023

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Crime No.866/2022 of Kilikolloor Police Station, Kollam

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District

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AGAINST THE ORDER/JUDGMENT in Bail Appl. 8580/2022 OF HIGH

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COURT OF KERALA

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PETITIONER/ACCUSED:

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AKHIL S AGED 22 YEARS S/O. LATE SASIDHARAN PILLAI, RESIDING AT UDAYAMANDIRAM, PULARI NAGAR-3, KILIKOLLOR.P.O., KOLLAM, PIN - 691004 BY ADVS. S.SREEKUMAR (KOLLAM) NAMITHA RAJESH K.VIJAYAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER KILIKOLLOOR POLICE STATION,KOLLAM, PIN - 691004 BY ADV PUBLIC PROSECUTOR

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OTHER PRESENT:

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PP: SRI. T.JAYAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.02.2023, ALONG WITH Bail Appl..1167/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A. Nos.1167 & 1207 of 2023

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: 2 :

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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 VIJU ABRAHAM

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MONDAY, THE 20^TH DAY OF FEBRUARY 2023 / 1ST PHALGUNA, 1944 BAIL APPL. NO. 1167 OF 2023

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Crime No.866/2022 of Kilikolloor Police Station, Kollam District

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PETITIONER:

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AVINAASH AGED 29 YEARS SON OF ANILKUMAR D, RESIDING AT MANEESH, KALLUMTHAZHAM P.O, KILIKOLLOOR P.O, KOLLAM, PIN - 691004 BY ADVS. S.SREEKUMAR (KOLLAM) K.VIJAYAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER KILIKOLLOOR POLICE STATION, KILIKOLLOOR, KOLLAM DISRICT, PIN – 691004

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BY PUBLIC PROSECUTOR SRI.T. JAYAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.02.2023, ALONG WITH Bail Appl..1207/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A. Nos.1167 & 1207 of 2023

: 3 :

VIJU ABRAHAM, J.

- - - - Dated this the 20^th day of February, 2023

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ORDER

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These are applications for regular bail.

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The petitioner in B. A. No.1207/23 is accused No.1 and the petitioner in B. A. No. 1167/2023 is accused No.2, in Crime No.866/2022 of Kilikolloor Police Station, Kollam District, alleging commission of offences punishable under Sections 22(c), 22(b)(ii) & 29 of the Narcotic Drugs and Psychotropic Substances Act.

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The prosecution allegation is that, on 25.08.2022 the Kilikollor Police has made a search in Jeena Lodge, Karikode, and seized MDMA and ganja from accused Nos.1 to 4. It is further alleged that from the 1^st accused the police seized 18.740 gms of MDMA and Rs.79,050/- and from the possession of the 2^nd accused the police seized 36 grams and 650 milligrams of ganja and Rs.42,310/-. It is further alleged that from the custody of the 3^rd accused 4.37 gms of MDMA and Rs.9,290/- was seized and from the possession of the 4^th accused 0.520 gms of MDMA was seized.

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The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the above said crime.

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B.A. Nos.1167 & 1207 of 2023 : 4 :

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The petitioner in B. A. No.1207/2023 submits that he is undergoing treatment for a head injury suffered on 24.01.2022 and he has produced Annexure-3 treatment record and discharge summary to substantiate the same. It is also submitted that he was implicated in this crime due to a false information received by the SHO and that nothing was recovered from his possession. It is further submitted that the petitioner is in custody from 25.08.2022 onwards. It is also submitted by the petitioner that, even going by the chemical analysis report, the alleged contraband is not MDMA and it is only methamphetamine, which is an intermediate quantity and therefore, the rigor of Section 37 of the NDPS Act will not come into play.

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The contention of the petitioner in B. A. No.1167/2023 is that even going by the prosecution allegation, he was found in possession of 36.650 gms of ganja and Rs.42,310/-. It is also submitted that he is a B.tech graduate and he has applied for a job at Kerala Minerals and Metals Ltd., Chavara. It is further submitted that the petitioner is in custody from 25.08.2022 onwards.

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The learned Public Prosecutor opposed the applications for bail mainly contending that the contraband was seized from the possession of all the accused persons. It is further submitted that investigation so far revealed the active role of the petitioners in the

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B.A. Nos.1167 & 1207 of 2023

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: 5 :

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commission of the offence. The learned Public Prosecutor upon instructions further submitted that the chemical analysis report of the alleged contraband is obtained and it reveals that the alleged contraband is methamphetamine and not MDMA as alleged. It is further submitted that the petitioners have no other criminal antecedents.

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Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioners are in custody from 25.08.2022 onwards and that the contraband involved in this crime is an intermediate quantity and further that the petitioners have no other criminal antecedents, I am inclined to grant bail to the petitioners subject to stringent conditions. In the result, these bail applications are allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:

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(i) The petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand

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only)each with two solvent sureties each for

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the like-sum to the satisfaction of the jurisdictional court;

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(ii) The petitioners shall appear before the investigating officer in Crime No.866/2022 of

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: 6 :

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B.A. Nos.1167 & 1207 of 2023

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Kilikolloor Police Station, Kollam District, on every Saturday at 11 am, for a period of three months;

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(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.866/2022 of Kilikolloor Police Station, Kollam District;

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(iv) The petitioners shall not leave the State without obtaining prior permission from the jurisdictional Court;

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(v) The petitioners 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.866/2022 of Kilikolloor Police Station, Kollam District, may file an application before the jurisdictional court, for cancellation of bail.

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Sd/-

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VIJU ABRAHAM JUDGE

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sm/

Avinaash v. State of Kerala

Case brief

What is this about?

What did the court decide?

Avinaash v. State of Kerala

Case brief

What is this about?

What did the court decide?

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