Allowed

Lison v. State of Kerala

Kerala HC15 Nov 2023Bail Appl./8508/2023

Case brief

AI extract

What is this about?

In a bail application under S.439 CrPC, the High Court granted regular bail to the petitioner, the 5th accused in an NDPS case involving ganja seizure. The court noted lack of proof regarding the petitioner's financial role and approved S.37 conditions.

What did the court decide?

Regular bail granted on executing a bond of Rs.50,000 with two sureties, to report weekly, not tamper with evidence, commit no other crime, and surrender passport if any.

Lison 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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WEDNESDAY, THE 15TH DAY OF NOVEMBER 2023 / 24TH KARTHIKA, 1945
BAIL APPL. NO. 8508 OF 2023

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CRIME NO.310/2023 OF Nedupuzha Police Station, Thrissur
PETITIONER/5th ACCUSED

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LISON

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AGED 41 YEARS
KIDANGAN HOUSE, PORKULAM DESOM, KUNNAMKULAM THRISSUR,
KERALA, PIN – 680542

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BY ADV SARATH BABU KOTTAKKAL

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RESPONDENT/COMPLAINANT

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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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SMT. T.V. NEEMA, SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A. No. 8508 of 2023

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MOHAMMED NIAS C.P, J. --------------------------------------------B.A. No.8508 of 2023

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-----------------------------------------------------Dated this the 15^th day of November, 2023

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O R D E R

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This is an application for regular bail filed by the petitioner

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under Section 439 of the Code of Criminal Procedure.

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The petitioner is the 5^th accused in Crime No.310 of 2023 of Nedupuzha Police Station registered for the offences under Sections 20(b)(ii)c of the NDPS Act, 1985.

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The prosecution case is that on 05.05.2023 at 00.00 hours, the police party, on the basis of a secret information, conducted a search and found accused numbers 1 to 4 in possession of 220.910 kg of Ganja in a car at a place called Pattala Kinar in the road from Kuriachira to Chiyyaram Althara junction, which was procured from Odisha making use of the funds advanced by the 5^th accused/the petitioner herein. Thus, the petitioner and the accused have committed the aforesaid offences.

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The learned counsel for the petitioner submits that the petitioner is innocent of the allegations levelled against him. It is

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B.A. No. 8508 of 2023

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also submitted that accused Nos.1 to 4 have been granted statutory bail as per Annexures A6 and A7 by the court below.

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The learned Public Prosecutor opposes the application, contending that there are financial transactions between the petitioner and the 6th accused, who has not been arrested so far.

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The petitioner was involved in an NDPS case as well as in an offence under Section 302 IPC, in which cases he was acquitted, and in one case for an offence under Section 394 of IPC , though the trial court had convicted him, the appeal against the same is pending before this Court. It is also to be noted that

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the involvement of the petitioner is now on the basis of the alleged confession of the co-accused and his financial dealings with the 6th accused, from whom no seizure was effected and who was not made an accused earlier. There is no proof produced for showing the financial transactions or funding by the petitioner or connecting him to A1 to A4 at this stage. Under such circumstances, in the absence of any material, as stated above and considering the fact that A1 to A4, from whom the seizure was allegedly made, are released on bail, I am inclined

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B.A. No. 8508 of 2023

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to hold the conditions imposed under S.37 of the Act in favour of the petitioner. No apprehension is raised of the petitioner absconding if released on bail. Accordingly, I am inclined to grant regular bail to the petitioner/the 5^th accused on the following conditions.

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(i) The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand 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 report before the Investigating Officer every Saturday between 9 a.m. and 10 a.m. till the final report is laid;

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(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

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(iv) The petitioner shall not be involved in any other crime while on bail.

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(v) The petitioner shall surrender his passport, 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 petitioner shall be at liberty to move an appropriate application for the same before the court having

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B.A. No. 8508 of 2023

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jurisdiction. If he has no passport, he 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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(vi) The petitioner shall furnish his present residential address along with his mobile phone number to the Court concerned as well as to the Investigating Officer.

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(vii) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.

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Sd/-

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MOHAMMED NIAS C.P

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smm

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JUDGE

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B.A. No. 8508 of 2023

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APPENDIX OF BAIL APPL. 8508/2023

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PETITIONER ANNEXURES

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`Annexure A1`	`THE TRUE PHOTOCOPY OF THE FIR & FIS IN`
	`CRIME NO 310/2023 OF NEDUPUZHA POLICE` `STATION, THRISSUR DATED 05.05.2023`
`Annexure A2`	`THE TRUE PHOTOCOPY OF THE REMAND` `REPORT OF ACCUSED NUMBERS 1 TO 4 IN` `CRIME NO 310/2023 OF NEDUPUZHA POLICE` `STATION, THRISSUR DATED 05.05.2023`
`Annexure A3`	`THE TRUE PHOTOCOPY OF THE REMAND` `REPORT OF 5TH ACCUSED IN CRIME NO` `310/2023 OF NEDUPUZHA POLICE STATION,` `THRISSUR DATED 14.06.2023`
`Annexure A4`	`A TRUE PHOTOCOPY OF THE ORDER IN` `CRL.M.P 2976/2023 DATED 19.07.2023`
`Annexure A5`	`THE TRUE PHOTOCOPY OF THE VISITING` `CARD OF MR.JOMON THOMAS`
`Annexure A6`	`THE TRUE PHOTOCOPY OF THE ORDER DATED` `02.11.2023 IN CRL.M.P.NO 5841/2023 OF` `THE SESSIONS JUDGE, THRISSUR`
`Annexure A7`	`THE TRUE PHOTOCOPY OF THE ORDER DATED` `03.11.2023 IN CRL.M.P.NO 5868/2023 OF` `THE SESSIONS JUDGE, THRISSUR`

Lison v. State of Kerala

Case brief

What is this about?

What did the court decide?

Lison v. State of Kerala

Case brief

What is this about?

What did the court decide?

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