The High Court of Kerala granted regular bail to the 18th accused in a narcotics case under Section 36A(4) of the NDPS Act. The final report was not filed, nor was a time extension petition filed, after 180 days of custody.
The petitioner shall be released on bail on executing a bond with two solvent sureties to existing conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 6TH DAY OF JUNE 2023 / 16TH JYAISHTA, 1945
BAIL APPL. NO. 2118 OF 2023
CRIME NO.731/2021 OF Harippad Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENTCRMP 573/2023 OF DISTRICT & SESSIONS
COURT, ALAPPUZHA
PETITIONER/ACCUSED 18:
MAHESH KUMAR.T
AGED 27 YEARS
S/O THANGAVEL, 5/5 THIRUVALLUVAR 1ST STREET, RAYAPURAM,
THIRUPOOR, THIRUPOOR DISTRICT, TAMIL NADU, PIN - 641601
BY ADVS.
OMAR SALIM
ASHISH ABY DAVID
A.N.BIJU
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 6820312 CIRCLE INSPECTOR OF POLICE, HARIPAD POLICE STATION, ALAPPUZHA DISTRICT, KERALA, PIN - 690514BY ADV PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 2118 OF 2023
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BECHU KURIAN THOMAS, J.
========================
B.A. No. 2118 of 2023 ========================
Dated this the 6th day of June, 2023
O R D E R
This is an application for regular bail filed under Section 439 of Code of Criminal Procedure, 1973.
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BAIL APPL. NO. 2118 OF 2023
In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall co-operate with the trial of the case .
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.
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BAIL APPL. NO. 2118 OF 2023
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.
BECHU KURIAN THOMAS JUDGE
AJM/6/6/23
BAIL APPL. NO. 2118 OF 2023
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APPENDIX OF BAIL APPL. 2118/2023
PETITIONER ANNEXURES
Annexure A1THE ORDER DATED 15-02-2023 IN CRL.MP
NO.573/2023 BEFORE THE HON'BLE
DISTRICT AND SESSIONS COURT ALAPPUZHA
Annexure A2TRUE COPY OF REMAND REPORT OF THE
PETITIONER DATED 25/11/2022 IN CRIME
NO 731/2021 OF HARIPAD POLICE STATION
Annexure A3THE TRUE COPY OF THE GST REGISTRATION
CERTIFICATE IN THE NAME OF THE
PETITIONER DATED 04/01/2020
1 issue framed by the court
Whether the petitioner is entitled to bail after completing 180 days in custody with the final report not filed.
2 provisions across 2 enactments
Mahesh Kumar.T
State of Kerala
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court