Kerala High Court
Joyce K U vs State Of Kerala on 7 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
BAIL APPL. NO. 5009 OF 2022
CRIME NO.21/2022 OF EXCISE RANGE OFFICE, PALA, KOTTAYAM
DISTRICT
PETITIONER/ACCUSED:
JOYCE K U
AGED 35 YEARS
KULIRUPLACKAL HOUSE,POOVARANY KARA,
POOVARANY VILLAGE,MEENACHIL TALUK,
KOTTAYAM DISTRICT., PIN - 686577
BY ADVS.BOBBY GEORGE
JOY C. PAUL
BABY SIMON
ELDHOSE JOY
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
PP - SMT. NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 07.07.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A. No.5009 of 2022 :2:
VIJU ABRAHAM, J.
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B.A. No.5009 of 2022
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Dated this the 7th day of July, 2022
ORDER
This is an application for regular bail.
2. The petitioner is the sole accused in Crime No.21/2022 of Excise Range Office, Pala, Kottayam District, alleging commission of offence punishable under Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
3. The prosecution allegation is that, on 25.05.2022, the Inspector of Excise Range Office, Pala, registered a crime suo moto, pursuant to the alleged recovery of 1.800 Kilograms of Ganja from the house of the petitioner.
4 .The learned counsel for the petitioner submitted that the petitioner was arrested on 25.05.2022 and that he is in custody since then. It is also submitted that the petitioner has been falsely implicated in the above said crime and that he has no other criminal antecedents.
5. The learned Public Prosecutor opposed the application for bail mainly contending that the alleged contraband was seized B.A. No.5009 of 2022 :3: from the house of the petitioner and that the petitioner is also involved in another IPC offence.
6. Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 25.05.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:
(i) The petitioner shall execute 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;
(ii)The Petitioner shall appear before the investigating officer in Crime No.21/2022 of Excise Range Office, Pala, Kottayam District on every Saturday at 11 am, until filing of final report;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any B.A. No.5009 of 2022 :4: witness in Crime No.21/2022 of Excise Range Office, Pala, Kottayam District ;
(iv) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;
(v) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.21/2022 of Excise Range Office, Pala, Kottayam District may file an application before the jurisdictional court, for cancellation of bail.
Sd/-
VIJU ABRAHAM JUDGE sm/