Petitioners can be released on bail, taking a lenient view on account of the fact that they are only 18 years of age : High Court of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE GOPINATH P MONDAY THE 14TH DAY OF MARCH 2022 23RD PHALGUNA 1943 BAIL APPL. NO. 1288 OF 2022 AGED 18 YEARS S O DAVIS MEKADATHU HOUSE WEST CHALAKUDY VILLAGE THRISSUR PIN 680307 SANJANA RACHEL JOSE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF ERNAKULAM PIN 682031 BY ADV PUBLIC PROSECUTOR SMT. SEETHA .S.and 20(b ii)A of the NDPS Act. The allegation against the petitioners is that on 28.01.2022 at about 9.45 PM the accused Nos.1 and 2 were found in possession of 2.100 grams of MDMA and 7.900 grams of ganja while traveling in a scooter bearing registration No. KL 64 K 2894 at a road in front of an institution named Chakkola Meries Tiles Works at Muringoor. According to the prosecution case the petitioner obtained the contraband articles from the accused No.4 and sold the same to the accused Nos.1 and 2. Learned counsel for the petitioners in these cases would content that the petitioners are absolutely innocent in the matter. It is submitted that both the petitioners are only 18 years of age and that they have been falsely implicated in the matter. It is submitted that the 3rd accused has already been granted bail by this Court through order in B.A.No.1202 2022 and that the 4th BAIL APPL. Nos.1288 & 1297 OF 2022 accused in the case has already been granted bail the Sessions court Thrissur through order in C.M.P. No.686 2022. It is submitted that considering the age of the petitioners and the fact that their detention is not necessary for the purpose of any investigation they may be directed to be released on bail. It is also submitted that no criminal antecedents have been reported against the petitioners. Learned Public Prosecutor vehemently opposes the grant of bail. The circumstances of the case appearing from the record are pointed out. It is submitted that there are serious allegations against the petitioners and they are not entitled to be released on bail. 5. Having regard to the facts and circumstances of the case and considering the fact that 3rd and 4th accused have already been granted bail in the manner indicated above I am of the view that the petitioners can also be released on bail taking a lenient view on account of the fact that they are only 18 years of age In the result this bail application is allowed. It is directed that the petitioners shall be released on bail subject to BAIL APPL. Nos.1288 & 1297 OF 2022 the following conditions: Petitioners shall execute separate bonds for a sum of Rs.50 000 with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court ii) Petitioners shall appear before the investigating officer in Crime No.136 2022 of Koratty Police Station as and when called upon to do so. iii) Petitioners shall not attempt to interfere with the investigation influence or intimidate any witness in Crime No.136 2022 of Koratty Police Station iv) Petitioners shall not involve in any other crime while If any of the aforesaid conditions are violated the Investigating officer in Crime No.136 2022 of Koratty Police Station may file an application before the jurisdictional Court for cancellation of bail. Sd GOPINATH P JUDGE BAIL APPL. Nos.1288 & 1297 OF 2022 APPENDIX OF BAIL APPL. 1288 2022 A TRUE COPY OF THE ORDER DATED 09.02.2022 IN CRL.M.P NO 362 2022 OF THE HON’BLE SESSIONS COURT THRISSUR BAIL APPL. Nos.1288 & 1297 OF 2022 APPENDIX OF BAIL APPL. 1297 2022 TRUE COPY OF THE ORDER DATED 09.02.2022 IN CRL.M.P NO 361 2022 OF THE HON’BLE SESSIONS COURT THRISSUR

Summary: Court decided that the petitioners can be released on bail  taking a lenient view on account of the fact that they are only 18 years of age subjected to certain conditions as other accused have already been granted bail and was held by High Court of Kerala through the learned bench led by HONOURABLE MR. JUSTICE GOPINATH P. in the case of ASHIK DAVIS &amp; MUHAMED HASIF vs STATE OF KERALA (BAIL APPL. NO. 1288 &amp; 1297 OF 2022) on 14th of March 2022. Brief facts of the case are that on 28.01.2022 at about 9.45 PM, the accused Nos.1 and 2 were found in possession of 2.100 grams of MDMA and 7.900 grams of ganja while traveling in a scooter bearing registration No. KL-64-K2894 at a road in front of an institution named Chakkola Meries Tiles Works at Muringoor. According to the prosecution case, the petitioner obtained the contraband articles from the accused No.4 and sold the same to the accused Nos.1 and 2. Learned Counsel for petitioners contends that the petitioners are absolutely innocent in the matter and both are only 18 years of age and that they have been falsely implicated in the matter. It is submitted that the 3rd and 4th accused has been already granted bail by the Court. Considering the age of the petitioners and the fact that their detention is not necessary for the purpose of any investigation, they may be directed to be released on bail. It is also submitted that no criminal antecedents have been reported against the petitioners. Learned Public Prosecutor appearing on behalf of respondent vehemently opposes the grant of bail. The circumstances of the case appearing from the record are pointed out. It is submitted that there are serious allegations against the petitioners and they are not entitled to be released on bail. In the view of the facts and circumstances of the case and considering the fact that 3rd and 4th accused have already been granted bail, the Court decided the petitioners can also be released on bail, taking a lenient view on account of the fact that they are only 18 years of age subjected to certain conditions like- Petitioners shall execute separate bonds for a sum of Rs.50,000/-  with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court, Petitioners shall appear before the investigating officer whenever called and petitioners shall not involve in any other crime while on bail. If any of the conditions are violated, the Investigating officer may file an application before the jurisdictional Court for cancellation of bail.