Allowed

Tom Ashique v. State of Kerala

Kerala HC6 Feb 2023Bail Appl./73/2023

Case brief

AI extract

What is this about?

The Kerala High Court allowed bail to a first-time offences accused under the NDPS Act charged with possession of an intermediate quantity of MDMA, directing release on bond with specific conditions.

What did the court decide?

Petitioner released on bail on a bond of Rs.50,000 with two sureties, subject to specific conditions including passport surrender and appearance before the Investigating Officer.

Tom Ashique 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

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MONDAY, THE 6TH DAY OF FEBRUARY 2023 / 17TH MAGHA, 1944

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BAIL APPL. NO. 73 OF 2023

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CRIME NO.1469/2022 OF MARADU POLICE STATION, Ernakulam
PETITIONER/ACCUSED NO.1:

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TOM ASHIQUE
AGED 24 YEARS
S/O. GEORGE MARTIN, ARAKKAL HOUSE,
VAKAYILACHAN ROAD, NEAR ST. MARYS UP SCHOOL,
MARADU, ERNAKULAM DISTRICT, PIN - 682304
BY ADVS.
SHERRY J. THOMAS
JOEMON ANTONY
P.J.UNNIKRISHNAN
RENISH RAVEENDRAN
ANTONY NILTON REMELO

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY SMT.NEEMA TV, SR.PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 73 OF 2023

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O R D E R

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Dated this the 6^th day of February, 2023

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This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, by the 1^st accused in crime No.1469/2022 of Maradu police station, Ernakulam.

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Heard the learned counsel for the petitioner as well as

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the learned Public Prosecutor.

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I have perused the case diary materials placed by the

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learned Public Prosecutor in this matter.

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The prosecution allegation is that at about 21.10 hours on 19.12.2022 the petitioner herein was found in possession of 03.76 grams of MDMA near St.Mary’s UP School at Vakayilachan road, Maradu Village. Accordingly, accused Nos.1 and 2 were arrested and the contraband was taken into custody. Thereafter, crime was registered alleging commission of offence

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BAIL APPL. NO. 73 OF 2023

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3

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punishable under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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The learned counsel for the petitioner would submit

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that the petitioner has been in judicial custody from 19.12.2022 onwards and he is a first time offender. According to him, the petitioner has no criminal antecedents and the investigation requiring his custody is practically over.

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Although the learned Public Prosecutor highlighted one more crime against the petitioner vide crime No.356/2022 under Section 27 of the NDPS Act initially, today it is reported that the said crime is against the 2^nd accused. However, the learned Public Prosecutor zealously opposed bail highlighting the seriousness of the offence alleged against the petitioner.

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In this case, as per the materials available, the petitioner is a first time offender. The contraband seized is only

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3.76 grams of MDMA (intermediate quantity). The petitioner has

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BAIL APPL. NO. 73 OF 2023

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4

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been in custody since 19.12.2022 and the case diary would suggest that custody of the petitioner, for the purpose of investigation, is not required further. Therefore, I am inclined to grant bail to the petitioner.

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In the result, this bail application stands allowed. The petitioner is enlarged on bail on the following conditions:

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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 Special 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 on every Monday between 9 am and 10 am for a period of one month. Further, he shall appear before the Investigating Officer as and when

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BAIL APPL. NO. 73 OF 2023

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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 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, if any, on the date of execution of the bond or thereafter within 7 days from the date of his release, before the trial court. If he has no passport, the petitioner 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 to came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.

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It is specifically made clear that grant of bail to the 1^st accused/petitioner herein is not a ground to grant bail to the 2^nd

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BAIL APPL. NO. 73 OF 2023

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accused, if he has criminal antecedents and the bail application, if any, at instance of the 2^nd accused shall be considered purely

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on merits, in accordance with law.

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Sd/A. BADHARUDEEN JUDGE

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nkr

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BAIL APPL. NO. 73 OF 2023

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APPENDIX OF BAIL APPL. 73/2023

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PETITIONER ANNEXURES

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Annexure A1THE TRUE COPY OF THE FIR IN CRIME NO.
1469/2022 OF MARADU POLICE STATION DATED
19.12.2022.
Annexure A2THE TRUE COPY OF THE REMAND REPORT DATED
19.12.2022.
Annexure A3THE TRUE COPY OF THE SEIZURE MAHAZAR
DATED 19.12.2022.
Annexure A4THE TRUE COPY RECENT BAIL ORDER OF THIS
HONOURABLE COURT IN ANOTHER NDPS MATTER
B A NO.4093/2022 DATED 21-6-2022 WHEREIN
COMMERCIAL QUANTITY IS INVOLVED
Annexure A5THE NEWSPAPER REPORT OF THE INCIDENT AS
PER THE RELEASE GIVEN FROM THE POLICE
STATION, WHICH IS REPORTED IN MALAYALA
MANORAMA NEWSPAPER DAILY DATED 21-12-
2022.
Annexure A6THE TRUE COPY OF MEDICAL PRESCRIPTION
DATED 26-7-2021.
Annexure A7THE TRUE COPY OF THE DETAILS OF
ADMISSION DATED 21-11-2022.

Tom Ashique v. State of Kerala

Case brief

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Tom Ashique v. State of Kerala

Case brief

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