Saran Mohan vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 31, 2024

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Citation: sooperkanoon.com/1286718
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Jan 31, 2024
Case Number: Bail Appl./464/2024
Subject: Right to Information

Case Summary

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

Right to Information

Key legal issue: Right to Information

Parties & Advocates

Appellant / Petitioner

Saran Mohan

Respondent

State of Kerala

Excerpt

.....2 the excise circle inspector excise range office, palakkad, pin - 678508 other present: smt.nima jacob, pp this bail application having come up for admission on 31.01.2024, the court on the same day delivered the following:mohammed nias c.p, j.--------------------------------------------- ------------------------------------------------------ dated this the 31st day of january, 2024orderthis is the second application seeking regular bail filed by the petitioner under section 439 of the code of criminal procedure.2. the petitioner is the sole accused in crime no.88/2023 of excise range office, palakkad registered for offences punishable under sections 22(c) of the narcotic drugs and psychotropic substances act, 1985.3. the prosecution allegation is that on 20.07.2023 atabout 3.45 p.m., the accused was found in possession of 110 grams of methamphetamine at palakkad railway station. the petitioner was arrested on the same day and since then, he has been under judicial detention.4. heard the learned counsel for the petitioner and the learned public prosecutor.5. the learned counsel for the petitioner submits that the petitioner is innocent of all the allegations.6. the learned public prosecutor opposes the prayer sought by the petitioner.7. the petitioner had earlier filed an application seekingregular bail which was rejected as per order dated 28.11.2023 in b.a.no.10047 of 2023, specifically noted that the seizure was from the petitioner which shows his involvement in the crime and also considering the rigour under section 37 of the ndps act.. in such circumstances, i am not inclined to consider the application, more so when there is no change of circumstances. hence, the bail application is dismissed. sd/- mohammed nias c.p smm judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 31ST DAY OF JANUARY 2024 / 11TH MAGHA, 1945 BAIL APPL. NO. 464 OF 2024 CRIME NO.88/2023 OF Palakkad Excise Range Office, Palakkad AGAINST THE ORDER/JUDGMENT Bail Appl. 10047/2023 OF HIGH COURT OF KERALA PETITIONER: SARAN MOHAN AGED 25 YEARS S/O MOHANAN, POOVAKAD THODI VEETIL, ORIENT NAGAR, DOOR NO.17, VADAKEVILA VILLAGE, KOLLAM, PIN - 691010 BY ADV AJAYA KUMAR. G RESPONDENTs 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE EXCISE CIRCLE INSPECTOR EXCISE RANGE OFFICE, PALAKKAD, PIN - 678508 OTHER PRESENT: SMT.NIMA JACOB, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MOHAMMED NIAS C.P, J.
--------------------------------------------- ------------------------------------------------------ Dated this the 31st day of January, 2024

ORDER

This is the second application seeking regular bail filed by the petitioner under Section 439 of the Code of Criminal Procedure.

2. The petitioner is the sole accused in Crime No.88/2023 of Excise Range Office, Palakkad registered for offences punishable under Sections 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. The prosecution allegation is that on 20.07.2023 at

about 3.45 p.m., the accused was found in possession of 110 grams of Methamphetamine at Palakkad Railway Station. The petitioner was arrested on the same day and since then, he has been under judicial detention.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations.

6. The learned Public Prosecutor opposes the prayer sought by the petitioner.

7. The petitioner had earlier filed an application seeking

regular bail which was rejected as per order dated 28.11.2023 in B.A.No.10047 of 2023, specifically noted that the seizure was from the petitioner which shows his involvement in the crime and also considering the rigour under Section 37 of the NDPS Act.. In such circumstances, I am not inclined to consider the application, more so when there is no change of circumstances. Hence, the bail application is dismissed. Sd/- MOHAMMED NIAS C.P smm JUDGE

Same Court & Year Kerala · 2024 Same Parties Saran Mohan vs State of Kerala Same Subject Right to Information Same Judge Honourable Mr.Justice Mohammed Nias C.P.