The High Court of Kerala granted regular bail to the petitioner, a second accused in an NDPS case involving MDMA possession, subject to standard conditions and a bond of Rs. 50,000.
Petitioner released on bail on bond of Rs. 50,000 with two sureties, subject to standard conditions including passport surrender and prohibition of further offences.
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 A. BADHARUDEEN TUESDAY, THE 14TH DAY OF FEBRUARY 2023 / 25TH MAGHA,
1944
BAIL APPL. NO. 343 OF 2023
CRIME NO.1469/2022 OF MARADU POLICE STATION, ERNAKULAM
PETITIONER/2ND ACCUSED :
ASWIN P.B AGED 23 YEARS S/O.BHASI P.S, 451/A, PULIMOOTTIL HOUSE, AYIRETTIL TEMPLE, SOUTH EROOR, EROOR.P.O, THRIPUNITHURA, ERNAKULAM, PIN - 682306
BY ADVS. SAYED MANSOOR BAFAKHY THANGAL CHRISTEENA P GEORGE
RESPONDENT/STATE :
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
SMT.NEEMA T V , SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
02.02.2023, THE COURT ON 14.02.2023 DELIVERED THE FOLLOWING:
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A.BADHARUDEEN, J.
B.A.No.343 of 2023
-------------------------------------------------------Dated this the 14th day of February, 2023
O R D E R
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, by
the petitioner who is the second accused in Crime No.1469 of 2022 of Maradu Police Station, Ernakulam, where he alleged to have committed offences punishable under Sections 22(b) and 29 of the Narcotic
Drugs and Psychotropic Substances Act.
petitioner as also the learned Public Prosecutor.
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along with report produced by the learned Public Prosecutor.
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arrested on 20.12.2022.
petitioner who has been in custody from 20.12.2022, the learned counsel for the petitioner submitted that the petitioner is innocent and nothing recovered from him. He was nabbed and detained solely on the basis of the confession statement given by the first accused. Pointing out the custody of the petitioner from 20.12.2022 and the substantive improvement in the investigation, the learned counsel pressed for grant of bail.
opposed bail, on the submission that, the second accused is a person who has been supplying contraband to various persons and who had supplied the contraband to the first accused and the first accused was nabbed,
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when he attempted to sell the same to school children. The learned Public Prosecutor also pointed out involvement of the petitioner in Crime No.356 of 2022 of Muhamma Police Station, where the allegation was that he had committed offence under Section 27(b) of the NDPS Act.
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Prosecutor, as reported by the Investigating Officer, that it is necessary to investigate the source of the contraband and the call details of the accused to find out the interstate lobby behind transport and supply of the contraband.
In the result, this petition stands allowed and he
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is released on bail on the following conditions:
i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court concerned.
ii. The petitioner shall not intimidate the
witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.
iii. The petitioner shall appear before the Investigating Officer as and when directed.
iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.
v. The petitioner shall surrender his passport, if
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any, within 7 days from the date of his release, before the trial court. If he has no passport, he shall file an affidavit
in this regard on the date of execution of the bond or within 3 days thereafter.
vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.
Sd/- A.BADHARUDEEN, JUDGE
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APPENDIX OF BAIL APPL. 343/2023
PETITIONER ANNEXURES
ANNEXURE1 THE TRUE PHOTOSTAT COPY OF FIR IN CRIME NO.1469 OF MARADU POLICE STATION, ERNAKULAM CITY ANNEXURE 2 THE TRUE PHOTOSTAT COPY OF REMAND REPORT DATED 20-12-2022 IN CRIME NO.1469 OF MARADU POLICE STATION, ERNAKULAM CITY SUBMITTED BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURTVIII, ERNAKULAM ANNEXURE 3 THE TRUE COPY OF ORDER DATED 06-01-2023 PASSED BY ADDITIONAL SESSIONS COURT-II, ERNAKULAM
2 issues framed by the court
Whether regular bail should be granted to a second accused implicated via confession statement in an NDPS offence involving MDMA.
Whether the petitioner's involvement in a prior NDPS crime precludes release on bail.
Colour shows how this judgement treated each authority
nullReferred
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3 provisions across 2 enactments
ASWIN P.B
STATE OF KERALA
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
A. BADHARUDEEN
Parties & counsel
