Allowed

Aparna v. State of Kerala

Kerala HC17 Feb 2023Bail Appl./864/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed bail to the 4th accused, a 19-year-old student, in an NDPS case. The court held that the rigor of Section 37 did not apply due to her limited role, absence of antecedents, and the initial stage of the investigation regarding bank transactions.

What did the court decide?

The petitioner was released on bail after executing a bond for Rs. 50,000 with two sureties, subject to conditions of appearance before the investigating officer, non-interference with the investigati

Aparna 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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FRIDAY, THE 17^TH DAY OF FEBRUARY 2023 / 28TH MAGHA, 1944

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BAIL APPL. NO. 864 OF 2023

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CRIME NO.825/2022 OF Alappuzha South Police Station, Alappuzha AGAINST THE ORDER/JUDGMENTCRMP 4461/2022 OF DISTRICT & SESSIONS COURT,

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ALAPPUZHA

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PETITIONER/4TH ACCUSED:

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APARNA,AGED 19 YEARS D/O BIJU, RESIDING AT CHAKKYAMMATHARAYIL, NEELIMANGALAM, PATTANAKKAD P.O., PIN 688531, FROM VELIYIL VEEDU, PATTANAKKAD P.O., ALAPPUZHA DISTRICT, PIN - 688531

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BY ADVS. C.G.BINDU AJITHA C.G. K.J.SARANYA RAJ

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RESPONDENT/S:TATE

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

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BY PUBLIC PROSECUTOR RIYAL DEVASSY

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.02.2023,

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THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA No.864 of 2023

VIJU ABRAHAM, J.

................................................................. B.A.No.864 of 2023

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Dated this the 17^th day of February, 2023

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ORDER

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This is an application for regular bail.

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Petitioner is the 4^th accused in Crime No.825 of 2022 of Alappuzha South Police Station, alleging commission of offences under Section 22(c) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act (in short, “NDPS Act”).

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The prosecution allegation is that on 24.09.2022 at 2.50 p.m., near Alappuzha KSRTC bus stand in Chungom-District Court Bridge road, accused Nos.1 and 2 were found in possession of 137.36 gms of MDMA, which was concealed in an induction cooker kept in a sealed cardboard box, placed in a trolley bag. It is further alleged that it was the 3^rd accused, who supplied the MDMA to the 1^st accused. Moreover, in the search conducted in the house wherein, the 3^rd accused was residing in Bangalore, he was found keeping 2.91 gms of MDMA in a shelf in the said house. It is further alleged that the 3^rd accused sent the bank account details of the 4^th accused to the 1^st accused and the 1^st accused had sent money to the account of the 4^th accused and sent screen shot of the said transaction to the

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BA No.864 of 2023

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3^rd accused. Hence, the accused persons are arrayed in the instant crime for the indictment of charges referred above.

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The petitioner was arrested on 28.09.2022 and she is in custody since then. The petitioner is totally innocent and has not committed any offence as alleged by the prosecution and she is implicated in this crime. The petitioner has only acted at the instructions of the 3^rd accused who requested her to receive money from native on behalf of him by sharing her bank details to him. Petitioner is a friend of the 3^rd accused in the instant crime and upon his request, the petitioner disclosed her account details to him for the purpose of receiving money on behalf of him as he had no online transaction facility. Thereafter, some amount was received at petitioner’s bank account alleged to be deposited by the 1^st accused. Upon receiving the amount in the bank account, the petitioner has given the money thereafter to the 3rd accused.

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Learned Public Prosecutor opposing the application for bail submitted that on the search conducted, 137.69 gms of MDMA was found concealed in an induction cooker and accused Nos.1 and 2 were arrested on the spot. The investigation revealed that the contraband was supplied by the 3^rd accused and payment amount was transferred to the account of the petitioner. Subsequently, the house of the 3^rd accused where he is residing along with the

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BA No.864 of 2023

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petitioner in Bangalore was searched and 2.91 gms of MDMA was seized from the said house. Investigation revealed that soon after the amount was received by the 4^th accused, the amount was transferred to the account of the 3^rd accused. Learned Public Prosecutor further submitted that earlier application filed by the petitioner was rejected as per Annexure A4 order.

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It is true that this Court has rejected the application earlier accepting the contention of the prosecution that the investigation is only at the initial stage and that in-depth investigation is to be conducted regarding the bank transaction. The petitioner is only 19 years of age, a student, having no criminal antecedents. Going by the prosecution case the 3^rd accused supplied the alleged contraband to the 1^st accused and that the 1^st accused transferred the amount to the account of the petitioner. The petitioner was in love with the 3^rd accused and they were residing together in Bangalore. The 1^st accused transferred the amount towards the purchase of the alleged contraband to the account of the petitioner as directed by the 3^rd accused and the amount was withdrawn by the 3^rd accused using ATM Card. Therefore, the investigation so far revealed that the amount was transferred by the 1^st accused to the account of the petitioner as directed by the 3^rd accused and thereafter using the ATM card of the petitioner, the 3^rd accused has withdrawn the said amount.

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BA No.864 of 2023

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The petitioner is in custody from 28.09.2022 onwards. Considering the facts and circumstances of the case and considering the limited role as has been revealed till date and also taking into consideration the fact that the petitioner is a young lady, aged 19 who is a student and has no criminal antecedents, I am of the opinion that the rigor of Section 37 of the NDPS Act will not apply and therefore, I am inclined to grant bail to the petitioner on stringent conditions. In the result the bail application is allowed. The petitioner shall be released on bail on the following conditions:

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(i) The petitioner shall execute 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) She shall appear before the investigating officer in Crime No.825 of 2022 of Alappuzha South Police Station on all Saturdays at 11.00 a.m. till the filing of the final report.

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(iii) She shall not leave the State of Kerala without getting prior permission from the jurisdictional court.

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(iv) She shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

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(v) She shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the

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investigating officer in Crime No.825 of 2022 of Alappuzha South

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BA No.864 of 2023

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Police Station may file an application before the jurisdictional court,

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for cancellation of bail.

Sd/-

VIJU ABRAHAM

JUDGE

cks

Aparna v. State of Kerala

Case brief

What is this about?

What did the court decide?

Aparna v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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