Kerala High Court
Renjith vs State Of Kerala on 30 November, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 30TH DAY OF NOVEMBER 2020 / 9TH AGRAHAYANA, 1942
Bail Appl..No.7054 OF 2020
CRIME NO.9/2020 OF KOLLENGODE EXCISE RANGE OFFICE , PALAKKAD
PETITIONER/ACCUSED:
RENJITH,
AGED 35 YEARS,
SON OF MANI,
PUTHAN VEEDU,
MARROTTICHAL,
MANNAMANGALAM P.O,
THRISSUR,
PIN-680014
BY ADV. SRI.NIREESH MATHEW
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM
PIN-682031
R1 BY PUBLIC PROSECUTOR
R1 BY ADDL.DIRECTOR GENERAL OF PROSECUTION
OTHER PRESENT:
SRI.K.A.ANAS- PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.7054 OF 2020
2
ORDER
Dated this the 30th day of November, 2020 APPLICATION FOR REGULAR BAIL The applicant is the 1st accused in Crime No.9 of 2020 of Kollengode Excise Range, Palakkad, for having allegedly committed offences punishable under Sections 20(b)(ii)C of the NDPS Act. The prosecution case, in brief, is this:
2. On 31.05.2020, accused 1 and 2 were found to be in possession of 20.500 Kgs of ganja, when a lorry bearing Reg No.TN-41/AM-0418, which the 1st accused was driving with the 2 nd accused as the cleaner, was intercepted in front of the Excise Check Post at Govindapuram. The applicant was arrested on 31.05.2020 and 180 days have elapsed on 28.11.2020.
3. Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned counsel appearing for the applicant had argued on merits. But, the thrust of the argument now is that is entitled to statutory bail under Section B.A.No.7054 OF 2020 3 167(2) of the Cr.P.C has modified by Section 36A(4) of the NDPS Act. The learned Public Prosecutor admits that the final report has not yet been filed. And, it is also admitted that no application for extension of the time for completing the investigation as required under Section 36A(4) of the NDPS Act has been filed.
Under the circumstances, the applicant is entitled to statutory bail.
4. In the result, statutory bail is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.1,00,00/-(Rupees One lakh only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:
(i) He shall appear before the Investigating Officer on all Mondays between 9.00 AM and 12.00 PM for a period of two months and thereafter appear before the Investigating Officer as and when called for.
(ii) He shall not intimidate or influence witnesses and tamper with evidence.
(iii) He shall not get involved in similar offences during the B.A.No.7054 OF 2020 4 currency of the bail period.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
The bail application is allowed.
Sd/-
ASHOK MENON JUDGE NR/30/11/2020