Kerala High Court
Bail Appl./10016/2021 of SAJEEV KUMAR Vs STATE OF KERALA on 31 December 2021
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 BAIL APPL. NO. 10016 OF 2021 CRIME NO.26/2020 OF Malappuram E.E, Malappuram AGAINST THE ORDER/JUDGMENT IN CRMC 1365/2021 OF SPECIAL COURT (ATROCITIES
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943BAIL APPL. NO. 10016 OF 2021
CRIME NO.26/2020 OF Malappuram E.E, Malappuram AGAINST THE ORDER/JUDGMENT IN CRMC 1365/2021 OF SPECIAL COURT
(ATROCITIES AGAINST SC/ST), MANJERI
PETITIONER/ACCUSED NO.10:
SAJEEV KUMARAGED 46 YEARSS/O.LATE RAMASAMI, AMBALAVEEDU HOUSE, ALLAPRA P.O., VENGOLA VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT- 683 553.BY ADVS.ANITHA MATHAI MUTHIRENTHYBASIL THOMASMIDHUN S. KARUN
RESPONDENT/COMPLAINANT:
STATE OF KERALAREPRESENTED BY THE PUBLIC PROSECUTORHIGH COURT OF KERALA - 682 031.
SRI.PRASANTH M.P., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O R D E R
This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.
2. The petitioner is the accused No.10 inCrime No.26/2020 of Excise Enforcement and AntiNarcotic Special Squad, Malappuram.
3. The prosecution case in short is that on03.10.2020 at about 6.30 am, 167.5 kilograms ofdried ganja was seized from a pick up van by theCircle Inspector of Excise Special Squad. It isfurther alleged that in consequence to theconspiracy held by the accused Nos.1 to 10, theaccused Nos.1 to 4 obtained ganja from Kadapa inAndhra Pradesh and that accused Nos.5 to 10financed the other accused in committing theoffence.
The prosecution case in short is that on
4. Heard both sides and perused the casediary.
5. The learned counsel for the petitioner submitted that the petitioner is absolutelyinnocent and he has been falsely implicated inthe present case. He further submitted thatthere are no materials to connect the petitionerwith the alleged crime and hence he is entitledto get bail. The learned Public Prosecutoropposed the bail application. He contended thatthe alleged incident occurred as a part of theintentional criminal acts of the petitioner andif the petitioner is released on bail at this stage, it would affect the course ofinvestigation.
6. The detection was on 03.10.2020. On
that day, accused Nos.1 to 4 were arrested.Subsequently, the accused No.8 was arrested on10.02.2021 and accused No.9 was arrested on12.03.2021. The accused No.6 surrendered on21.06.2021. The petitioner was arrayed as anaccused only on 29.06.2021. He was arrested on 29.09.2021. Since then, he is in judicialcustody. Admittedly, nothing was seized from thepossession of the petitioner. The petitioner wasarrested after almost one year from the date ofincident on the basis of the confessionstatement of the co-accused. The Hon’ble SupremeCourt in Tofan Singh v. State of Tamil Nadu[2021 KHC 111] has held that the confessionstatement of a co-accused is not admissible.Considering all these aspects, I am of the viewthat embargo under Section 37 of NDPS Act wouldnot apply to the petitioner. The investigationis almost over. Hence he can be released on bailon conditions.
In the result, the application is allowed on the following conditions:-
(i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (RupeesOne lakh only) with two solvent sureties for the like sum each to the satisfaction of thejurisdictional Magistrate/Court.
(ii) The petitioner shall fully co-operate with the investigation.
(iii) The petitioner shall appear beforethe investigating officer between 10.00 a.m and11.00 a.m on every Saturday until furtherorders. The petitioner shall also appear beforethe investigating officer as and when requiredby him.
(iv) The petitioner shall not commit anyoffence of like nature while on bail.
(v) The petitioner shall not make any
Conclusion
attempt to contact any of the prosecutionwitnesses, directly or through any other person,or any other way try to tamper with the evidenceor influence any witnesses or other personsrelated to the investigation.
BAIL APPL. NO. 10016 OF 2021
(vi) The petitioner shall not leaveState of Kerala without the permission of thetrial Court.
sd
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE