Kerala High Court

Bail Appl./10034/2022 of SAJEESH Vs STATE OF KERALA on 30 December 2022

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 BAIL APPL. NO. 10034 OF 2022 AGAINST THE ORDER/JUDGMENTSC 1195/2022 OF ADDITIONAL DISTRICT COURT (ADHOC), THRISSUR PETITIONER/ACCUSED: SAJEESH AGED 39 YEARS S/O

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMARFRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944

BAIL APPL. NO. 10034 OF 2022

AGAINST THE ORDER/JUDGMENTSC 1195/2022 OF ADDITIONALDISTRICT COURT (ADHOC), THRISSUR

PETITIONER/ACCUSED:

SAJEESHAGED 39 YEARSS/O KUNJUMON, KOTTARAPPATTU HOUSE, AANAYIKKAL DESOM, KUNNAMKULAM, THRISSUR DISTRICT, PIN - 680503BY ADVS.P.MOHAMED SABAHLIBIN STANLEYSAIPOOJASADIK ISMAYILR.GAYATHRIM.MAHIN HAMZA

RESPONDENTS/STATE & COMPLAINANT:

1STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 6820312STATION HOUSE OFFICERTHRISSUR WEST POLICE STATION, THRISSUR DISTRICT, PIN - 680004BY SRI. P.G. MANU (SR.PP)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSIONON 30.12.2022, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING:

P.G. AJITHKUMAR, J.

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B.A.No. 10034 of 2022

-------------------------------------------------------- Dated this the 30[th] day of December, 2022

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O R D E R

This is an application for bail filed under Section 439 of theCode of Criminal Procedure, 1973.

2. The petitioneris the accused in Crime No.843/2022 ofTown West Police Station, Thrissur. He allegedly had committedthe offence punishable under Sections 20(b)(ii)B of NarcoticDrugs and Psychotropic Substances Act 1985.

3. Heard the learned counsel for the petitioner and thelearned Public Prosecutor.

4. The prosecution allegation against the petitioner is thathe at 02.20 P.M. on 10.08.2022 was found in possession of 6.540kg of ganja. He was transporting ganja on a scooter bearingregistration No. KL-46-X-0232.

5. The petitionerwould contend that hedid not involve in the alleged crime and without any material or evidence, hehasbeen implicated in the crime. He is innocent. The investigation inthe matter has been progressed considerably and there is noreason or justification for his further detention, especially whenhe has been in judicial custody since 10.08.2022.

B.A.No. 10034 of 2022 3

6. The learned Public Prosecutor would submit thatconsidering the seriousness of the offence and the possibility ofinterfering with the investigation by the petitioner in the event ofhis release on bail, this petition deserves only to be dismissed.

7. The learned Public Prosecutor would further submit thatthe final report in the matter has already been submitted and thematter is pending trial before the Additional Sessions Court-IV,Thrissur. It is also submitted that from the investigation into thematter, no antecedents of the petitioner involving in any otheroffence under the NDPS Act is revealed.

8. Having heard the learned counsel appearing for thepetitioner and the learned Public Prosecutor, and considering thenature and gravity of the offence, further detention of thepetitioner is seen unnecessary. I am therefore of the view thatthe petitioner is entitled to be released on bail on strictconditions.

In the result, the bail application is allowed and thepetitioneris granted bail on his/her executing a bond forRs.50,000/- (Rupees fifty thousand only), with two solventsureties for the like amount each, to the satisfaction of thelearned Magistrate, subject to the following conditions:

(i) Heshall not influence or intimidate witnesses or tamper with evidence;

(ii) During the bail period, Heshall not getinvolved in any offence.

In case of breach of the bail conditions, the prosecutionshall be at liberty to apply for cancellation of the bail before thejurisdictional court.

sbk/-

Sd/-

P.G. AJITHKUMAR, JUDGE

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