Allowed

Shyju @ Pallan, v. State of Kerala

Kerala HC10 May 2024Bail Appl./3143/2024

Case brief

AI extract

What is this about?

Second accused in an NDPS case sought statutory bail as the prosecution failed to file its final report within 180 days of his arrest. The Public Prosecutor conceded the delay; bail was granted with conditions including bond with sureties and weekly appearance before the Investigating Officer.

What did the court decide?

Bail granted on bond of Rs.50,000 with two sureties, subject to conditions including weekly appearance before the Investigating Officer till final report is filed.

Shyju @ Pallan, Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE JOHNSON JOHN

¶4

FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946

¶5

BAIL APPL. NO. 3143 OF 2024

¶6

CRIME NO.911/2022 OF Pudukkad Police Station, Thrissur

¶7

PETITIONER/S:

¶8

SHYJU @ PALLAN,
AGED 42 YEARS
S/O. VARGHESE, MACHINGAL HOUSE, PANTHALLOOR DESOM,NELLAYI VILLAGE,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680305

¶9

BY ADV ABRAHAM MATHAN

¶10

RESPONDENT/S:

¶11

STATE OF KERALA,

¶12

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

¶13

OTHER PRESENT:

¶14

PP-SANGEETHARAJ N R

¶15

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.05.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

BA No. 3143 of 2024

¶17

..2..

¶18

JOHNSON JOHN, J

¶19

=====================

¶20

B.A No. 3143 of 2024

¶21

========================

¶22

O R D E R

¶23

Dated this the 10^th day of May, 2024

¶24

Heard both sides.

¶25

The learned counsel for the petitioner submitted that, the

¶26

petitioner was arrested on 10.11.2023, and that the prosecution

¶27

has so far not filed the final report, and therefore, the petitioner is entitled for statutory bail.

¶28

The petitioner is the 2^nd accused in Crime No. 911 of 2022

¶29

of Pudukkad police station, Thrissur registered for the offences punishable under Sections 20(b)(ii) C, 27A and 29 of the NDPS Act.

¶30

..3..

¶31

BA No. 3143 of 2024

¶32

The learned Public Prosecutor conceded that the petitioner

¶33

was arrested on 10.11.2023, and that the period of 180 days for filing the final report is already over. In that circumstance, bail granted to the petitioner subject to the following conditions:-

¶34

i. The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

¶35

ii. The petitioner shall appear before the Investigating Officer in Crime No. 911 of 2022 of Pudukkad Police Station on all Saturdays at

¶36

11.00 a.m. till the final report is filed.

¶37

iii. The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime;

¶38

iv. The petitioner shall not commit any similar offence while on bail.

¶39

BA No. 3143 of 2024

¶40

..4..

¶41

If any of the above conditions are violated, the

¶42

Investigating Officer in Crime No. 911 of 2022 of Pudukkad Police Station, can file application before the jurisdictional court, for cancellation of bail.

Sd/-

JOHNSON JOHN

JUDGE

RMV

Shyju @ Pallan, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shyju @ Pallan, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jayalal.D Vs the Authorized Officer/Chief Manager

Prasad Vs the State of Kerala

Jolly S J Vs Tahasildar

Greeshma K.J., Vs State of Kerala

Fazil Vs State of Kerala

Sirajudheen.O.K Vs State of Kerala