Binoy Thomas, vs State of Kerala,

Type Court Judgment Court Kerala Orders Decided Mar 27, 2024

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Citation: sooperkanoon.com/1308294
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Mar 27, 2024
Case Number: Bail Appl./1187/2024

Parties & Advocates

Appellant / Petitioner

Binoy Thomas,

Respondent

State of Kerala,

Excerpt

.....this the 27th day of march, 2024orderthis is the second bail application seeking regular bail filed by accused no.2 in crime no. 17/2018 of excise circle office, thiruvananthapuram, for having committed offences punishable under sections 8(c) r/w 20(b)(ii)(c) and 29 of the narcotic drugs and psychotropic substances act, 1985 (the ndps act).2. the earlier application was withdrawn. now, the petitionerclaims parity with the third accused, whose bail application was considered by this court in b.a.no.5692/2023 as per orders dated 20.10.2023 (anx.a-2) relying on the report filed by the state forensic science laboratory in his favour on a different context. as far as the petitioner herein is concerned, his case stands on a different footing and the reasoning given in anx.a-2 order cannot be made applicable, taking into account his alleged involvement and the quantity involved. as i am..3.. not inclined to grant bail to the petitioner, a report was called for from the court concerned as to the probable time required for completion of trial, to which a report was filed on 23.3.2024 suggesting three months to conclude the proceedings.3. even as i dismiss the bail application, there will be a direction tothe court concerned to complete the trial within 4 months. if the trial is delayed beyond the said period and the same is not attributable to the petitioner herein, it will be open to the petitioner to approach the court concerned seeking bail.subject to the above, the bail application is dismissed. sd/- mohammed nias c. p. , judge mmg ..4.. appendix of bail appl.no.1187/2024 petitioner's annexures: annexure a1 the true copies of the complaint filed by the wife of the petitioner before the human rights commission annexure a2 the true copy of the order dated 20.10.2023 in b.a. no: 5692 of 2023 annexure a3 the true copy of order dated 04.12.2023 in b.a. no: 9886 of 2023 passed by this hon'ble court

Full Judgment

..1..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946 BAIL APPL. NO. 1187 OF 2024 CRIME NO.17/2018 OF TRIVANDRUM EXCISE RANGE OFFICE, THIRUVANANTHAPURAM PETITIONER/ACCUSED NO.2 BINOY THOMAS, AGED 44 YEARS, S/O THOMAS, MANICHIRAKKAL VEEDU, S/O THOMAS, MANICHIRAKKA VEEDU, PANDIPPARA.P.O., THANKAMONY VILLAGE, IDUKKI DISTRICT, PIN - 685602. BY ADVS.M/S.J.R.PREM NAVAZ, S.DILEEP SATHYAN,SUMEEN S., MUHAMMED SWADIQ & O.MOHAMED BASIL KOYA THANGAL RESPONDENT/STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031. SMT.NIMA JACOB, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
MOHAMMED NIAS C. P. , J.
B. A. No. 1187 of 2024 Dated this the 27th day of March, 2024

ORDER

This is the second bail application seeking regular bail filed by accused No.2 in Crime No. 17/2018 of Excise Circle Office, Thiruvananthapuram, for having committed offences punishable under Sections 8(c) r/w 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (The NDPS Act).

2. The earlier application was withdrawn. Now, the petitioner

claims parity with the third accused, whose bail application was considered by this Court in B.A.No.5692/2023 as per orders dated 20.10.2023 (Anx.A-2) relying on the report filed by the State Forensic Science Laboratory in his favour on a different context. As far as the petitioner herein is concerned, his case stands on a different footing and the reasoning given in Anx.A-2 order cannot be made applicable, taking into account his alleged involvement and the quantity involved. As I am

..3.. not inclined to grant bail to the petitioner, a report was called for from the court concerned as to the probable time required for completion of trial, to which a report was filed on 23.3.2024 suggesting three months to conclude the proceedings.

3. Even as I dismiss the bail application, there will be a direction to

the court concerned to complete the trial within 4 months. If the trial is delayed beyond the said period and the same is not attributable to the petitioner herein, it will be open to the petitioner to approach the court concerned seeking bail.

Subject to the above, the bail application is dismissed. Sd/- MOHAMMED NIAS C. P. , JUDGE MMG ..4.. APPENDIX OF BAIL APPL.NO.1187/2024 PETITIONER'S ANNEXURES: ANNEXURE A1 THE TRUE COPIES OF THE COMPLAINT FILED BY THE WIFE OF THE PETITIONER BEFORE THE HUMAN RIGHTS COMMISSION ANNEXURE A2 THE TRUE COPY OF THE ORDER DATED 20.10.2023 IN B.A. NO: 5692 OF 2023 ANNEXURE A3 THE TRUE COPY OF ORDER DATED 04.12.2023 IN B.A. NO: 9886 OF 2023 PASSED BY THIS HON'BLE COURT

Same Court & Year Kerala Orders · 2024 Same Parties Binoy Thomas, vs State of Kerala, Same Judge Honourable Mr.Justice Mohammed Nias C.P.