Allowed

Surya v. State of Kerala

Kerala HC21 Feb 2023Bail Appl./464/2023

Case brief

AI extract

What is this about?

The High Court of Kerala granted regular bail to the petitioner, an accused in an NDPS case involving drug trafficking. The court held that continued detention exceeding a year without other criminal antecedents, coupled with trial delays, warranted bail despite statutory provisions.

What did the court decide?

Petitioner released on bail subject to bond, appearance conditions, and passport surrender.

Surya 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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WEDNESDAY, THE 16^TH DAY OF AUGUST 2023 / 25TH SRAVANA, 1945

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BAIL APPL. NO. 6978 OF 2023

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CRIME NO.247/2022 OF Chavara Police Station, Kollam

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PETITIONER:

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SURYA AGED 25 YEARS W/O VISHNU, PADINJATTUVILA,PUTHENVEEDU, ATTINGAL, THIRUVANANTHAPURAM DISTRICT., PIN - 691501

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BY ADV P.ANOOP (MULAVANA)

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RESPONDENT:

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

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OTHER PRESENT:

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SR.PP - SANAL P. RAJ

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A. No. 6978 of 2023

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VIJU ABRAHAM, J.

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- - - - B.A. No. 6978 of 2023

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- - - - Dated this the 16^th day of August, 2023

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ORDER

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This is an application for regular bail.

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The petitioner is accused No.3 in Crime No.247 of 2022 of Chavara Police Station, Kollam District alleging commission of offence punishable under Section 20(b)(ii)C, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act.

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The prosecution allegation is that on 27.03.2022 at 4.00 a.m. while the Sub Inspector of the Chavara Police Station along with his police party was on patrolling duty at Puthanthura, accused were found in possession of 24.100 kgs of ganja in an Innova bearing registration KL 01 BD 5829. It is further alleged that at the instance of A4 , A1 to A3 brought ganja from the State of Andhra Pradesh for the sale of the same in Kerala.

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Petitioner submits that she was arrested on 27.03.2022 and is in custody since then. Though the petitioner moved this Court seeking bail, this Court as per Annexure 3 order, dismissed the bail application with a direction to the trial court to expedite the trial of

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B.A. No. 6978 of 2023

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the case and to complete the same preferably within an outer limit of 6 months. The petitioner submits that in spite of the said direction, the trial has not been yet completed. Petitioner further submits that she is not involved in any other case and therefore, her case fit into to the parameters laid down in Fasil v. State of Kerala (2023 (3) KHC 212) and in Jijendran C. M. v. State of Kerala [2023 (3) KHC 575].

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The learned Public Prosecutor opposed the bail application mainly contending that the petitioner has an active role in the commission of the offence, but submitted that she has no other criminal antecedents.

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It is pertinent to note that the trial court has filed a report seeking extension of time to complete the trial of the case as directed in Annexure 3 order. The petitioner is in custody from 27.03.2022 onwards and she is not involved in any other crime. Though specific direction was issued to the trial court to complete the trial of the case preferably within an outer limit of 6 months, the trial of the case has not been completed yet. The petitioner relies on the judgment in Fasil ' s case & Jijendran C. M.' s case (Supra) to contend that since she is in custody for more than a year and she has no other criminal antecedents and that the trial is not

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B.A. No. 6978 of 2023

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yet completed, she is entitled for bail. The petitioner also relies on the judgment in Rabi Prakash v. State of Odisha in SLP No.4169 of 2023 to contend that the continued detention will take militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo created under Section 37 of the NDPS Act. Similar view was taken by the Apex Court in Mohd Muslim @ Hussain v. State (NCT of Delhi) [AIR (2023) SC 1648].

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Considering all these aspects into consideration and considering the period of detention undergone by the petitioner and the fact that she has no other criminal antecedents, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

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(i) The petitioner shall execute bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

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(ii) The petitioner shall appear before the investigating

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B.A. No. 6978 of 2023

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officer in Crime No.247 of 2022 of Chavara Police Station, Kollam District on all 2^nd Saturdays at 11 am, till the completion of the trial;

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(iii) The petitioner shall appear before the trial court on all posting dates, except specifically exempted by the court;

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(iv) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.247 of 2022 of Chavara Police Station, Kollam District,

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(v) The petitioner shall not leave the State of Kerala without obtaining the previous permission from the jurisdictional court;

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(vi) The Petitioner shall surrender her passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

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(vii) The petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating

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B.A. No. 6978 of 2023

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officer in Crime No.247 of 2022 of Chavara Police Station, Kollam District, may file an application before the jurisdictional court, for cancellation of bail.

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Sd/- VIJU ABRAHAM JUDGE

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sm/

Surya v. State of Kerala

Case brief

What is this about?

What did the court decide?

Surya v. State of Kerala

Case brief

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What did the court decide?

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