Rakhil vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Apr 01, 2025

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Citation: sooperkanoon.com/1278889
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Apr 01, 2025
Case Number: Bail Appl./3841/2025
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Rakhil

Respondent

State of Kerala

Excerpt

.....r/w section 22(c) and 29 of the narcotic drugs and psychotropic substances (ndps) act. the petitioner was arrested on 16.01.2025.2. when this case came up for consideration today in the morning session, there was no representation. therefore, this court passed over this case. even now, there is no representation.3. the allegation against the petitioner is that he was found in possession of 230 milligrams of lsd stamps and hence he committed offence in the above case. -4-4. the public prosecutor submitted that thepetitioner has criminal antecedents and is involved in a murder case and offence alleged under arms act. admittedly, the offence alleged against the petitioner is under section 22(c) of the ndps act. therefore, section 37 of the ndps act is applicable.5. i cannot conclude that the petitioner has notcommitted any offence in the light of the above facts. therefore, the petitioner is not entitled to bail. hence, this bail application is dismissed. sd/- p.v.kunhikrishnan judge bpr -5- appendix of bail appl. 3841/2025 petitioner's annexures annexure- 1 certified copy of fir in crime no. dated 30-12-2024 annexure- 2 true copy of order dated 07-02-2025 in crl mc no.119/2025 in the files of the hon’ble sessions court, alappuzha annexure- 3 true copy of the complaint submitted by the parent of the ccl dated 11-01-2025 along with medical certificate

Full Judgment

-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 CRIME NO.2108/2024 OF KAYAMKULAM POLICE STATION, ALAPPUZHA AGAINST THE ORDER DATED 07.02.2025 IN CRMC NO.119 OF 2025 OF DISTRICT & SESSIONS COURT, ALAPPUZHA PETITIONER/ACCUSED NO.2: RAKHIL, AGED 33 YEARS, S/O. RAGHAVAN, SREE SHAILATHIL, MUTTAM MURI, CHEPPAD VILLAGE, CHEPPAD P.O., ALAPPUZHA DISTRICT, PIN-690502
BY ADVS. M.G.SREEJITH VIDYAJITH M. BINCY JOSE K.J.SHINY GOPIKA K.V. AMAL JALAL ABHIRAMI S. RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682031
2 THE STATION HOUSE OFFICER, KAYAMKULAM POLICE STATION, KAYAMKULAM P.O., ALAPPUZHA DISTRICT, PIN-690502 -2- SRI.HRITHWIK C.S., SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -3- P.V.KUNHIKRISHNAN, J ------------------------------------------ B.A.No.3841 of 2025 ------------------------------------------ Dated this the 1st day of April, 2025

ORDER

The petitioner is the 2nd accused in Crime No.2108/2024 of Kayamkulam Police Station, Alappuzha. The above case is registered against the petitioner alleging offences punishable under Sections 8(c) r/w Section 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner was arrested on 16.01.2025.

2. When this case came up for consideration today in the morning session, there was no representation. Therefore, this Court passed over this case. Even now, there is no representation.

3. The allegation against the petitioner is that he was found in possession of 230 milligrams of LSD Stamps and hence he committed offence in the above case. -4-

4. The Public Prosecutor submitted that the

petitioner has criminal antecedents and is involved in a murder case and offence alleged under Arms Act. Admittedly, the offence alleged against the petitioner is under Section 22(c) of the NDPS Act. Therefore, Section 37 of the NDPS Act is applicable.

5. I cannot conclude that the petitioner has not

committed any offence in the light of the above facts. Therefore, the petitioner is not entitled to bail. Hence, this bail application is dismissed. Sd/- P.V.KUNHIKRISHNAN JUDGE bpr -5- APPENDIX OF BAIL APPL. 3841/2025 PETITIONER'S ANNEXURES Annexure- 1 CERTIFIED COPY OF FIR IN CRIME NO. DATED 30-12-2024 Annexure- 2 TRUE COPY OF ORDER DATED 07-02-2025 IN CRL MC NO.119/2025 IN THE FILES OF THE HON’BLE SESSIONS COURT, ALAPPUZHA Annexure- 3 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PARENT OF THE CCL DATED 11-01-2025 ALONG WITH MEDICAL CERTIFICATE

Same Court & Year Kerala Orders · 2025 Same Parties Rakhil vs State of Kerala Same Subject Criminal Same Judge Honourable Mr. Justice P.V.Kunhikrishnan