Allowed

Anas v. State of Kerala

Kerala HC7 Nov 2023Bail Appl./8328/2023

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to four accused persons charged under the NDPS Act for possessing narcotic drugs. The court considered the quantity involved, the duration of custody, lack of antecedents, and absence of absconding risk, imposing standard conditions including bond, sureties, and passport surrender.

What did the court decide?

The petitioners were granted bail on executing separate bonds for Rs. 1,00,000/- each with two solvent sureties.

Anas 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 MOHAMMED NIAS C.P.

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TUESDAY, THE 7^TH DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945 BAIL APPL. NO. 8328 OF 2023

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CRIME NO.1284/2023 OF CHADAYAMANAGALAM POLICE STATION, KOLLAM

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PETITIONER/ACCUSED :

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1 ANAS, AGED 32 YEARS S/O NOOR MOHAMMAD, AMEENA MANZIL, VANCHIYOOR POST, VAIDYA SALA JUNCTION, AALAMCODE VILLAGE, ATTINGAL, THIRUVANANTHAPURAM, PIN - 695035

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2 RAMEES,AGED 21 YEARS S/O NISAR, NIJAS VILLA, KALLUTHERI, MUKKUNNAM MURIYIL, KUMIL VILLAGE, KOLLAM, PIN - 691536

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3 JAMSHEER, AGED 26 YEARS S/O JAHAMGIR, J.R MANZIL, K.K KONAM, PALLIKKAL MURI, PALLIKKAL VILLAGE, KOLLAM, PIN - 695604

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4 NIJAM, AGED 21 YEARS S/O NAZEER, KUNNIL HOUSE, CHORIYANPACHA, KUMIL VILLAGE, KOLLAM DISTRICT, PIN - 691536

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BY ADV LATHEESH SEBASTIAN

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RESPONDENT/COMPLAINANT & STATE:

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

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SMT.T.V.NEEMA, SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO.8328 of 2023

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MOHAMMED NIAS C.P.J

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..................................................

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BA No.8328 of 2023

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...........................................

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Dated this the 7th day of November, 2023

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ORDER

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This is an application filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.

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The petitioner is the accused in Crime No. 1284/2023 of Chadayamangalam Police Station, Kollam district, for having committed offences punishable under Section 22(b), 20(b) ii(A) and section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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The prosecution case is that the investigating officer recovered 6.20 grams of MDMA and 14.75 grams of dry Ganja while transporting the contraband article in a car on 08.09.2023 at about 14.55 p.m., thereby committing the above offence.

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The learned counsel appearing for the petitioners would say that the petitioners are innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioners have been in custody since

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BAIL APPL. NO.8328 of 2023

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08.09.2023, and continued custody of the petitioners is unnecessary.

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The learned public prosecutor opposed the petition.

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After having considered the submissions of the learned counsel for the petitioners and taking into account the quantity involved and the fact that the petitioners have been in custody since 08.09.2023 and there are no antecedents reported against the petitioners under the NDPS Act, and the fact that no apprehension being raised by the prosecution that if released on bail the petitioners are likely to abscond, I am inclined to grant bail. Accordingly, this application is allowed, and the petitioners are granted bail subject to the following conditions:-

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(i) The petitioners shall be released on bail on executing separate bonds for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction; one of the sureties shall be a parent or close relative of the petitioner.

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(ii) The petitioners shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m. for three months and thereafter as and when directed to appear.

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(iii) The petitioners shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence or do anything that might adversely affect the trial;

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BAIL APPL. NO.8328 of 2023

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(iv) The petitioners shall not commit any offence while on bail;

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(iv) The petitioners shall not leave the State of Kerala without the permission of the Court having jurisdiction;

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(vi) The petitioner shall surrender their passports, if any, within seven days from the date of his release before the Court concerned, and if the release of the passport is required at a later period, the petitioners shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If the petitioners have no passports, they shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter.

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(vii) The petitioners shall furnish their present address and mobile numbers to the Court concerned and the investigating officer.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.

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SD/-

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MOHAMMED NIAS C.P.

JUDGE

dlk 7 .11.2023

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BAIL APPL. NO.8328 of 2023

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APPENDIX OF BAIL APPL. 8328/2023

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PETITIONER ANNEXURES

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Annexure 1 CITIZEN COPY OF THE FIR IN CRIME NO 1284/2023 OF CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT Annexure 2 TRUE COPY OF THE REMAND APPLICATION OF THE INVESTIGATING OFFICER IN CRIME NO 1284/2023 OF CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT

Anas v. State of Kerala

Case brief

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Anas v. State of Kerala

Case brief

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