Allowed

Ajaya Kumar v. State of Kerala

Kerala HC6 Mar 2023Bail Appl./859/2023

Case brief

AI extract

What is this about?

High Court of Kerala granted statutorily required bail to three accused in a narcotics prosecution. Evidence possessed Ganja and other items. Bail granted after 60 days due to failure to file final report by prosecution, subject to stringent sureties and conditions.

What did the court decide?

Petitioners enlarged on bail on executing bond of Rs.75,000 each with two solvent sureties and complying with stringent conditions including appearance obligations and prohibition on leaving Kerala.

Ajaya Kumar 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 6^TH DAY OF MARCH 2023 / 15TH PHALGUNA, 1944

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BAIL APPL. NO. 859 OF 2023

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CRIME NO.21/2023 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM

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PETITIONERS/ACCUSED:

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1 AJAYA KUMAR AGED 21 YEARS S/O ESWARA YADAV, SARMERA P.O, NALANDA DISTRICT, BIHAR, INDIA, PIN - 811104 2 MANTU YADAV AGED 25 YEARS S/O RAJENDRA YADAV, GRAM DAROGA VIGAHA, DEEP NAGAR, TUNGI P.O, THANA, NALANDA DISTRICT, BIHAR, PIN - 803101 3 MUKESH KUMAR AGED 26 YEARS S/O CHANDESHWAR PRASAD YADAV, TELIYAGANDHA.MAROHA VIHA, NANDI P.O, NALANDA DISTRICT, BIHAR, PIN - 803101 BY ADVS. ANIL SIVARAMAN RAJI VINCENT JOTHISHA K.A.

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RESPONDENTS/STATE:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER CENTRAL POLICE STATION, ERNAKULAM, PIN – 682031 BY SMT.T.V.NEEMA, SR.PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 859 OF 2023

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ORDER

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Dated this the 6^th day of March, 2023

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This is an application for regular bail filed by accused Nos.1 to 3 in crime No.21/2023 of Central Police Station,

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Ernakulam.

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Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.

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I have perused the relevant documents forming part of the case diary placed by the learned Public Prosecutor.

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The prosecution allegation is that accused Nos.1 to 3 were found in possession of 40 tablets each in 24 packets containing ganja, 14 packets of cool Lip, 15 Nos. of hans in 13 packets, 15 Nos. of hans in 47 packets, at 5.30 pm on 04.01.2023 near Mullassery canal road. Accordingly, they were nabbed red handedly. On this premise, the prosecution alleges commission of offences punishable under Sections

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BAIL APPL. NO. 859 OF 2023

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20(b)(ii)B of the NDPS Act and 6(b), 24 of COTPA Act.

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While pursuing bail to the petitioners, it is pointed

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out by the learned counsel for the petitioners that the petitioners are innocent and the allegations are false. It is also submitted that though 60 days period is over, final report not filed in this matter and therefore, the petitioners are entitled to get statutory bail.

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The learned Public Prosecutor also would submit

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that final report not filed so far, even though 60 days period to

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file final report already over. However, it is pointed out by the learned Public Prosecutor that the petitioners are natives of ‘Bihar’ and if they will be released on bail, they would flee from trial and appropriate conditions may be imposed to secure their presence for trial and to avoid their flee from trial.

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Since statutory bail is the plea, the same cannot be

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denied. Therefore, this Court is bound to grant statutory bail

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since the prosecution miserably failed to file final report within

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BAIL APPL. NO. 859 OF 2023

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the statutory period, imposing stringent conditions to secure his presence for trial.

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Therefore, the petitioners shall be released on bail by executing bond for Rs.75,000/- (Rupees seventy five thousand only) each by two solvent sureties from Kerala State by offering security of their property while executing the bond, by producing the relevant tax receipts. That apart, the petitioners shall produce their Identity Card issued by the Election Commission of India or Aadhaar Card, with an attested copy of the same and their contact number and also a letter from the SHO of the police station, where they have been residing permanently, with their residential details and name of parents and siblings with contact number of the SHO before executing the bond, in order to vouch and secure their presence for trial and to avoid his flee from trial, after release on bail.

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Accordingly, this petition stands allowed and the petitioners are enlarged on bail on the following conditions:

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BAIL APPL. NO. 859 OF 2023

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i. The petitioners shall be released on bail on executing bond for Rs.75,000/(Rupees seventy five thousand only) with two solvent sureties each, from Kerala State by offering security of their property while executing the bond, by producing the relevant tax receipts.

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ii. The petitioners shall produce their Identity Cards issued by the Election Commission or Aadhaar cards with an attested copy of the same and their contact number and also a letter from the S.H.O. of the police station, where they have been residing permanently, with their residential details and name of parents and siblings with contact number of the S.H.O., before executing the bond, in order to vouch and secure their presence for trial and to avoid his flee from trial, after release on bail.

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iii. The petitioners shall not intimidate the witnesses or tamper with evidence.

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BAIL APPL. NO. 859 OF 2023

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iv. The petitioners shall co-operate with the investigation and shall be available for trial. They shall appear before the Investigating Officer on every Tuesday in between 9 am and 12 noon, from the date of release on bail, for a period of two months.

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v. The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with this 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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vi. The petitioners shall surrender their passport, if any, within seven days from the date of their release, before the trial court. If they have no passport, they shall file an affidavit in this regard on the date of execution of the bond or within three days thereafter.

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vii. The petitioners shall not leave the territory of Kerala State without permission of the

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BAIL APPL. NO. 859 OF 2023

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jurisdictional Court.

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viii. The petitioners shall not involve in any other offence during the currency of bail and any such event, if informed or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.

Sd/-

A. BADHARUDEEN

JUDGE

nkr

Ajaya Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ajaya Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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