Kerala High Court
Unnikrishnan @ Kavuvila Unni vs State Of Kerala on 30 September, 2023
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. 8196 OF 2023
CRIME NO.846/2022 OF KAZHAKOOTTAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT
PETITIONER/1ST ACCUSED
UNNIKRISHNAN @ KAVUVILA UNNI
AGED 37 YEARS
S/O.SUNDARAN, TC 78/1789, MUTTATHARA, THARANGINI NAGAR,
VALLAKADAVU VILLAGE, THIRUNELLI JUNCTION, THIRUVANANTHAPURAM, PIN
- 695008
BY ADVS.
SUMAN CHAKRAVARTHY
K.R.RIJA
BREJITHA UNNIKRISHNAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN -
682031
OTHER PRESENT:
SR.PP-SMT.T.V.NEEMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.09.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL.NO.8196 OF 2023
2
O R D E R
This application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail.
2. The petitioner is the accused in Crime No.846/2022 of Kazhakoottam Police Station, Thiruvananthapuram District, which is registered for the offences punishable under Sections 20(b)(ii) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The prosecution allegation is that at about 2 PM on 23.06.2022, in furtherance of a criminal conspiracy hatched by the accused persons, the petitioner, along with the 2nd and 3rd accused, found in possession of 125.150 Kgs of Ganja in a car bearing Reg.No.KL43/5038 along the Vettu road - Kazhakoottam bypass road, near Kazhakoottam Sawmill & Furniture, in contravention of the provision of the NDPS Act, 1985 and thereby the accused have committed the alleged offences.
4. The learned counsel appearing for the petitioner would BAIL APPL.NO.8196 OF 2023 3 say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 23.06.2022, and continued custody of the petitioner is unnecessary.
5. The learned Public Prosecutor opposed the petition.
6. I had already granted bail to the second accused against whom similar allegations were made by order dated 29-9-23 in B. A 8087/23. Taking into account the same,the allegations against the petitioner, the chance of completion of the trial anytime soon is not probable, no antecedents under the NDPS Act are reported, and also relying on the principles laid down in the judgments of the Supreme Court in Dheeraj Kumar Shukla v. State of Uttar Pradesh (SLP Criminal No.6690/2022) and MD Raja and another v. State of West Bengal (SLP Criminal No.6690/2022) and of this Court in Banash Basheer v. State of Kerala (B.A.No.5370/2023, Siddarth vs. State of Kerala and another (B.A.No.4109/2023) and Fasil vs. State of Kerala [2023 (3) KHC 212] that followed Dheeraj Kumar Shukla (supra), the rigour of Section 37 of the NDPS Act has to be dispensed with BAIL APPL.NO.8196 OF 2023 4 at this stage, I am inclined to grant bail under such circumstances. The petitioner has been in custody since 23/06/2022.
Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-
1.The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;
2.The petitioner shall report as and when directed before the Court or the Investigating Officer.
3.The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;
4.The petitioner shall not be involved in any other crime while on bail.
5.The petitioner shall surrender his passport, if any, within seven days from the date of his release BAIL APPL.NO.8196 OF 2023 5 before the court concerned, and if the release of the passport is required at the later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter.
6.The petitioner shall furnish his residential address, including his mobile phone number, to the investigating officer as well as to the court.
7.If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.
SD/-
MOHAMMED NIAS C.P. JUDGE shg BAIL APPL.NO.8196 OF 2023 6 APPENDIX OF BAIL APPL. 8196/2023 PETITIONER ANNEXURES Annexure -1 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.846/2022 OF KAZHAKOOTTAM POLICE STATION, THIRUVANANTHAPURAM Annexure -2 A CERTIFIED COPY OF THE ORDER DATED 05.08.2023 IN CRL.MP NO.2373/2023 BY THE ADDL. SESSIONS COURT-IV, THIRUVANANTHAPURAM