Kerala High Court
Bail Appl./9954/2021 of JENSON 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. 9954 OF 2021 CRIME NO.26/2021 OF Excise Range Office,North Paravur, Ernakulam District AGAINST THE ORDER/JUDGMENT IN CRMC 2685/2021 OF II
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943
BAIL APPL. NO. 9954 OF 2021
CRIME NO.26/2021 OF Excise Range Office,North Paravur, Ernakulam District AGAINST THE ORDER/JUDGMENT IN CRMC 2685/2021 OF II ADDITIONALDISTRICT COURT,ERNAKULAM
PETITIONER/ACCUSED:
JENSONAGED 29 YEARSS/O.JAMES, THAREPARAMBIL VEEDU, EDAMPADAM KARA, VARAPPUZHA VILLAGE, NORTH PARAVUR TALUK, ERNAKULAM DISTRICT.
BY ADV NIREESH MATHEW
RESPONDENT/RESPONDENT:
STATE OF KERALAREPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 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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ORDER
This is an application filed u/s 439 of Codeof Criminal Procedure seeking regular bail.
2. The petitioner is the accused in Crime
No.26/2021 of Excise Range Office, NorthParavur. The offences alleged are under Sections20(b)(ii)(B) and 60(3) of the NDPS Act.
3. The prosecution case in short is that on 22.11.2021 at about 7.55 pm, the accused wasfound transporting 5.025 kilograms of ganja in amotorcycle in contravention of the NDPS Act andthereby committed the offence.
4. diary.
Heard both sides and perused the case
5. The learned counsel for the petitionersubmitted that the petitioner is absolutelyinnocent and he has been falsely implicated inthe present case. He further submitted that the petitioner has no criminal antecedents and thereare no materials to connect the petitioner withthe alleged crime and hence he is entitled toget bail. The learned Public Prosecutor opposedthe bail application. He contended that thealleged incident occurred as a part of theintentional criminal acts of the petitioner andif the petitioner is released on bail at thisstage, it would affect the course ofinvestigation.
6. Perusal of the case diary would revealthat prima facie there are materials on recordto connect the petitioner with the crime.However, the petitioner was arrested on22.11.2021. In view of the nature of the crimeand the stage of investigation, I do not findany reason to hold that the continued detentionof the petitioner is required for any purpose.The investigation seems to have reached a fair stage. For all these reasons, the petitioner isentitled to be released on bail on conditions.
In the result, the application is allowed onthe 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 thelike sum each to the satisfaction of thejurisdictional Magistrate/Court.
(ii) operate with the investigation.
The petitioner shall fully co-
(iii) The petitioner shall appear before
the 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 any
offence of like nature while on bail.
(v) The petitioner shall not make any
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.
(vi) The petitioner shall not leave
State of Kerala without the permission of thetrial Court.
sd
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE