Allowed

Dhillan v. State of Kerala

Kerala HC8 Feb 2023Bail Appl./356/2023

Case brief

AI extract

What is this about?

Petitioner, sole accused intercepted with MDMA under Section 22(b) of NDPS Act, applied for bail under Section 439 CrPC. Court allowed bail viewing investigation as substantially complete and petitioner as first-time offender, subject to strict conditions including bond, passport surrender, and regular reporting.

What did the court decide?

Petitioner enlarged on bail on execution of bond for Rs.50,000/- with two solvent sureties, subject to various conditions including reporting and passport surrender.

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

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

¶4

WEDNESDAY, THE 8^TH DAY OF FEBRUARY 2023 / 19TH MAGHA, 1944

¶5

BAIL APPL. NO. 356 OF 2023

¶6

CRIME NO.1467/2022 OF KOTTIYAM POLICE STATION, KOLLAM

¶7

PETITIONER/SOLE ACCUSED:

¶8

DHILLAN

¶9

AGED 21 YEARS, S/O WILLIAMS, ST.ANTONY COTTAGE, MUNDAKKAL, CANTONMENT SOUTH, KOLLAM-691010. BY ADV R.KISHORE (KALLUMTHAZHAM)

¶10

RESPONDENT/STATE:

¶11

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

¶12

2 STATION HOUSE OFFICER KOTTIYAM POLICE STATION, KOTTIYAM, KOLLAM-691571

¶13

SR.PP-SRI.P.G.MANU

¶14

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No. 356 of 2023

ORDER

Dated this the 8^th day of February, 2023

¶19

This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking bail and the petitioner is the sole accused in crime No.1467/2022 of Kottiyam Police Station.

¶20

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the case diary and the materials placed by the learned Public Prosecutor.

¶21

The prosecution allegation is that, at 21.15 hours on 24.12.2022, the accused herein was found in possession of 2.19 gram of MDMA against the prohibitions contained in the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as `NDPS Act' for short). The petitioner was intercepted while he was carrying the contraband. Accordingly, the contraband was taken into custody and the petitioner was arrested. Pursuant to that, crime alleging commission of offence punishable under Section 22(b) of the NDPS Act was registered and the same is under investigation.

¶22

B.A.No. 356 of 2023

¶23

¶24

While pursuing bail to the petitioner, the learned counsel for the petitioner submitted that, the petitioner is a first time offender. The learned counsel for the petitioner would submit that, the petitioner is innocent and he has been in custody from 24.12.2022. The learned counsel for the petitioner further submitted that, the investigation has achieved much progress and therefore further custody of the petitioner may not be necessary. He also submitted that, the petitioner is ready to be abide by any conditions as a prerequisite to grant bail.

¶25

The learned Public Prosecutor supported the prosecution case and opposed the grant of bail, highlighting the premature stage of investigation and seriousness of the offence. At the same time, the learned Public Prosecutor also submitted that, the petitioner is a first time offender.

¶26

It is relevant to note that, the petitioner has been in custody from 24.12.2022 and he has no criminal antecedents. It appears that the investigation has achieved substantial progress. Thus, I am of the view that, further custody of the petitioner, for the purpose of investigation is not necessary and he can be enlarged on bail. Therefore, this petition stands allowed. The petitioner is enlarged on bail on conditions:

¶27

B.A.No. 356 of 2023

¶28

¶29

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.

¶30

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.

¶31

iii. The petitioner shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Mondays between 9 am and 10 am, for a period of one month.

¶32

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.

¶33

v. The petitioner shall surrender his passport before the Jurisdictional Court on the date of execution of the bail bond or within ten days therefrom, with special permission of the Jurisdictional Court. If the petitioner has no passport, he shall file an affidavit to that effect, instead of surrendering passport.

¶34

B.A.No. 356 of 2023

¶35

¶36

vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if repo rted or came t o the notice of this court, the same shall be a reason to cancel the bail hereby granted.

¶37

Sd/-

¶38

A. BADHARUDEEN JUDGE

¶39

Dhillan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dhillan 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

Parties & counsel

Coram

Case details

Similar cases

Abin Chand @ Abi Vs State of Kerala

Sumesh Vs State of Kerala

Sreeparvanan Vs State of Kerala

Subrahmania Rao Vs State of Kerala

Jayesh P. J. Vs State of Kerala

Subin Raj Vs State of Kerala