Allowed

Sreeparvanan v. State of Kerala

Kerala HC7 Feb 2023Bail Appl./417/2023

Case brief

AI extract

What is this about?

The High Court at Ernakulam allowed bail for the second accused in a criminal case involving possession of ganja under the NDPS Act, granting relief on standard conditions including fine and appearance warrants.

What did the court decide?

Petitioner released on bail on Rs.50,000 bond with two sureties, subject to conditions regarding witness interaction, investigation cooperation, and passport surrender.

Sreeparvanan 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 A. BADHARUDEEN TUESDAY, THE 7^TH DAY OF FEBRUARY 2023 / 18TH MAGHA, 1944 BAIL APPL. NO. 417 OF 2023

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CRIME NO.1482/2022 OF MARADU POLICE STATION, ERNAKULAM PETITIONER/ACCUSED (A2):

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SREEPARVANAN AGED 22 YEARS S/O SUNILKUMAR, SREEVISWAM, AMBALAMKUNNU, NETTAYAM P.O., ELAMAD, KOLLAM DISTRICT, PIN - 691537

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BY ADVS. K.V.ANIL KUMAR SWAPNA VIJAYAN RADHIKA S.ANIL

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RESPONDENT/COMPLAINANT :

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

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BY SMT.NEEMA T.V., SR.PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A.No.417 of 2023

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A.BADHARUDEEN, J.

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B.A.No.417 of 2023

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Dated this the 7^th day of February, 2023

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O R D E R

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This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, by

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the petitioner who is the second accused in Crime No.1482 of 2022 of Maradu Police Station, Ernakulam.

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Heard the learned counsel for the

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petitioner as also the learned Public Prosecutor.

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I have perused the Case Diary materials produced by the learned Public Prosecutor.

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The prosecution allegation is that, at

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about 20.20 hours on 22.12.2022, accused Nos.1 to 3

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possessed 2.400 kgs of ganja against the prohibitions

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B.A.No.417 of 2023

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under the Narcotic Drugs and Psychotropic Substances Act. Accordingly, they were nabbed and contraband taken into custody. On the above facts, prosecution alleges commission of offences punishable under Sections 20(b)II(B), 25 r/w 29 of the Narcotic Drugs and Psychotropic Substances Act.

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It is submitted by the learned counsel for

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the petitioner that the petitioner is a first time offender and he has been in custody from 22.12.2022. Highlighting the progress of investigation, the learned counsel pressed for granting regular bail.

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The learned Public Prosecutor opposed

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bail pointing out the seriousness of the offences, while conceding that the petitioner has no criminal antecedents.

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Since the petitioner is a first time

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offender who has been in custody from 22.12.2022 and

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B.A.No.417 of 2023

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taking note of the progress of investigation, he can be enlarged on bail on conditions.

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Therefore, this petition stands allowed and he

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will be released on bail on the following conditions:

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i. The petitioner shall be released on bail on

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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.

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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.

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iii. The petitioner shall appear before the Investigating Officer as and when directed.

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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

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B.A.No.417 of 2023

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to dissuade him from disclosing such facts to the court or to any police officer.

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v. The petitioner shall surrender his passport,

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if 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.

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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,

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the same shall be a reason to cancel the bail hereby granted.

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Sd/- A.BADHARUDEEN, JUDGE

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B.A.No.417 of 2023

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APPENDIX OF BAIL APPL. 417/2023

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PETITIONER ANNEXURES

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ANNEXURE-A A TRUE COPY OF THE FIR IN CRIME NO.1482/ 2022 OF MARADU POLICE STATION

Sreeparvanan v. State of Kerala

Case brief

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Sreeparvanan v. State of Kerala

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