Kerala High Court
Abhil C.R vs State Of Kerala on 30 September, 2023
BA No.6943 of 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
BAIL APPL. NO. 6943 OF 2023
CRIME NO.382/2023 OF Thrikkakara Police Station, Ernakulam
PETITIONER/ACCUSED NOS.6 & 7:
1 ABHIL C.R, AGED 25 YEARS
S/O RENJITHKUMAR, CHETTIPARAMBIL HOUSE,
AIMS P.O, ERNAKULAM, PIN - 682041
2 ANANDAN P. SHAJI, AGED 26 YEARS
S/O SHAJI P.M,PUTHENPARAMBIL HOUSE,
CHAKKUMARASSERY, VADAKKEKARA P.O,
NORTH PARAVOOR, PIN - 683522
BY ADVS.
C.S.MANU
DILU JOSEPH
C.A.ANUPAMAN
T.B.SIVAPRASAD
C.Y.VIJAY KUMAR
MANJU E.R.
ANANDHU SATHEESH
ALINT JOSEPH
PAUL JOSE
RESPONDENT/COMPLAINANT &STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SRI.P.G.MANU (MAMMALASSERY) SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.09.2023, THE COURT ON 30.09.2023 DELIVERED THE FOLLOWING:
BA No.6943 of 2023
2
MOHAMMED NIAS C.P.J
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BA No.6943 of 2023
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Dated this the 30th day of September, 2023
ORDER
This is an application filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.
2.The petitioners are accused Nos.6 and 7 in Crime No.382 of 2023 of the Thrikkakara Police Station, Ernakulam District, for having committed offences punishable under Sections 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The prosecution case is that in pursuance to the conspiracy hatched by the accused persons for obtaining unlawful enrichment by selling narcotic drugs, MDMA, on 24.2.2023, A1, A6 and A7 went to Bangalore in a car bearing No.KL 07 CH 6369 and through A2 and A3, who are the links of the kingpin and prime international dealer of narcotic drugs, A5. A Nigerian citizen procured the MDMA, and on 25.02.2021, A1 transferred an amount of Rs.85000/- on two occasions BA No.6943 of 2023 3 (65000+20000), A6 transferred an amount of Rs.25,000/- (through his accounts 15000+ 10000) and A7 transferred an amount of Rs.40000/- to A4, a native of Bangalore. The screenshot of those transfers was sent to A5 through others, and after confirming the credits of the amount, A5 sent the transaction shots to A4 via A2 and A3. Then, A5 placed the contraband beneath the electric post bearing No.C10, Bangalore, Mahanagara Palika and thereafter, at about 20.55 on 1.3.2023, A1 was found in possession of 139.50 grams of MDMA in a rental house at Thrikkakara and thus the accused committed the above offence.
4. The learned counsel appearing for the petitioners would say that the petitioners are innocent and falsely implicated with ulterior motives, which will be evident from the documents produced along with the bail application. At any rate, he points out that the petitioners have been in custody since 19/06/2023, and continued custody of the petitioners is unnecessary.
5. The learned public prosecutor opposed the petition.
6. It has to be seen that the petitioner's case is that they went to Bangalore in the car belonging to their friend on 23.2.2023 for the BA No.6943 of 2023 4 purpose of obtaining a TB Medical certificate from Fortis Hospital in Bangalore for the purpose of obtaining a student Visa to the United Kingdom for the first petitioner in connection with his studies there. The application of the first petitioner for securing admission to Coventry University was made in the month of December 2022. Money was transferred to an account which the first accused shared with the petitioners. They did so after a previous attempt to pay through Google Pay made by the second petitioner to the account of the first petitioner failed. the reason for the money transfer is also evident from the marriage invitation of the cousin sister of the first accused produced. It is also seen that there were no phone calls with anyone other than A1, a childhood friend of the first petitioner. It is also to be seen that there was no seizure from A6 and A7, and it was only months later that they were arrested as part of the investigation. The version given by the petitioner producing documents appears to be plausible exfacie. All these, coupled with the fact that no other antecedents against the petitioners are sufficient to hold that they are at least prima facie not guilty of the charges and satisfying both the limbs of Section 37 in their favour. The petitioners have been in custody since 19/06/2023, and no apprehension has been raised by the prosecution that if released on bail, the petitioners are likely to abscond, I am BA No.6943 of 2023 5 inclined to grant bail. Accordingly, this application is allowed, and the petitioners are granted bail subject to the following conditions:-
1. The petitioners shall be released on bail on executing separate bonds for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction; one of the sureties shall be a parent or close relative of the petitioner.
2. They shall appear before the Court or the Investigating Officer as and when directed.
3. They shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence or do anything that might adversely affect the trial;
4. They shall not commit any offence while on bail;
5. They shall not leave the State of Kerala without the permission of the Court having jurisdiction;
6. They shall surrender their passport, if any, within seven days from the date of his release before the Court concerned, and if the release of the passport is required at a later period, the petitioners shall be at liberty to move appropriate applications for the same before the court having jurisdiction. If they have no passport, they shall file an affidavit to that effect before the court BA No.6943 of 2023 6 concerned on the date of execution of the bond or within three days thereafter.
7. They shall furnish their present address and their mobile numbers to the Court concerned and the investigating officer.
8. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.
Sd/-
MOHAMMED NIAS C.P. JUDGE dlk 29.9.2023 BA No.6943 of 2023 7 APPENDIX OF BAIL APPL. 6943/2023 PETITIONERS ANNEXURES Annexure 1 TRUE COPY OF THE OFFER LETTER DATED 5-12-2022 FOR POSTGRADUATE MASTERS IN MSC DIGITAL MARKETING MANAGEMENT (RQF LEVEL &) COURSE ISSUED BY THE INTERNATIONAL OFFICE OF THE COVENTRY UNIVERSITY, U.K TO THE 1ST PETITIONER Annexure A-2 TRUE COPY OF THE EMAIL DATED 18-4-2023 ISSUED BY THE COVENTRY UNIVERSITY, U.K TO THE 1ST PETITIONER Annexure A- 3 TRUE COPY OF THE EMAIL DATED 19-4-2023 ISSUED BY THE COVENTRY UNIVERSITY, U.K TO THE 1ST PETITIONER Annexure A-4 TRUE COPY OF THE EMAIL DATED 12-5-2023 ISSUED BY THE COVENTRY UNIVERSITY, U.K TO THE 1ST PETITIONER Annexure A-5 TRUE COPY OF THE U.K PRE-DEPARTURE TUBERCULOSIS DETECTION PROGRAMME MEDICAL CERTIFICATE DATED 24-2-2023 ISSUED TO THE 1ST PETITIONER BY THE FORTIS HOSPITALS LIMITED,BANGALORE, Annexure A-6 TRUE COPY OF THE GOOGLE PAY FAILED RECEIPT BEARING TRANSACTION ID NUMBER T2302251450262196597318 DATED 25-2-2023 FROM THE BANK ACCOUNT OF THE 2ND PETITIONER Annexure A-7 TRUE COPY OF THE WEDDING CARD OF THE MARRIAGE OF SAHLA WITH HARIF SCHEDULED ON 5-3-2023 AT NAMBOOTHIRI MADAM AUDITORIUM, ALUVA Annexure A-8 TRUE COPY OF THE ORDER DATED 24-6-2023 IN CRL MC NO.1746 OF 2023 OF THE HON'BLE DISTRICT & SESSIONS COURT (SPECIAL COURT FOR NDPS CASES), ERNAKULAM BA No.6943 of 2023 8 Annexure 9 TRUE COPY OF THE MEMORANDUM OF CRL.MC NO.1912 OF 2023 FILED BY THE PETITIONERS BEFORE THE HON'BLE DISTRICT & SESSIONS COURT (SPECIAL COURT FOR NDPS CASES), ERNAKULAM EXCLUDING THE DOCUMENTS Annexure 10 TRUE COPY OF THE ORDER DATED 19-7-2023 IN CRL MC NO.1912 OF 2023 OF THE HON'BLE DISTRICT & SESSIONS COURT (SPECIAL COURT FOR NDPS CASES), ERNAKULAM