Shine, vs State of Kerala,

SHINE, vs State of Kerala,

Type Court Judgment Court Kerala Decided May 22, 2024

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https://sooperkanoon.com/case/1312059

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Citation: sooperkanoon.com/1312059
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: May 22, 2024
Case Number: Bail Appl./1617/2024

Parties & Advocates

Appellant / Petitioner

SHINE,

Respondent

State of Kerala,

Excerpt

.....case is that on 03.04.2023 at 1.15 pm, acting of a tip-offregarding illegal transportation of ganja, when the sub inspector of police, chadayamangalam and his party intercepted the vehicle bearing reg.no.kl-01/ck- 2624 near nilamel sastha temple on the m.c. road, accused were found transporting 53.860 kilograms of ganja.3. the learned counsel appearing for the petitioner would say that thepetitioner is innocent and falsely implicated with ulterior motives. at any rate, he points out that the petitioner is in custody from 03.04.2023, and continued custody of the petitioner is unnecessary.4. the learned public prosecutor vehemently opposed the petition.the earlier application was rejected by order dated 20.11.2023 taking note of the quantity involved, that the accused was found transporting the same and also the rigour of section 37 of the ndps act. i do not find any change in circumstances. accordingly, the bail application is dismissed. sd/- mohammed nias c.p. judge okb/ //true copy// p.s. to judge b.a.1617/2024 3 appendix of bail appl. 1617/2024 petitioner annexures annexure a1 true copy of the final report dated 24.8.2023 in crime no. 502/2023 of the chadayamangalam police station annexure a2 true copy of the order dated 25.8.2023 in crl. m.c. no. 1826/2023 of the sessions court, kollam annexure a3 true copy of the order dated 28.11.2023 in b.a. no. 7812/2023 of this honourable court

Full Judgment

B.A.1617/2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946 BAIL APPL. NO. 1617 OF 2024 CRIME NO.502/2023 OF CHADAYAMANAGALAM POLICE STATION, KOLLAM AGAINST THE ORDER/JUDGMENT DATED 28.11.2923 IN CRMC NO.7812 OF 2023 OF DISTRICT COURT & SESSIONS COURT,KOLLAM PETITIONER/ACCUSED NO.2: SHINE, AGED 36 YEARS S/O. SELVAN,KIZHAKKUMKARA PUTHEN VEEDU, MANJAVILAKAM,NEYYATTINAKRA,KOLLAYIL,THIRUVANANTHAPURAM, PIN - 695123
BY ADV R.GOPAN RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031 OTHER PRESENT: SMT.NIMA JACOB, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.1617/2024 2
MOHAMMED NIAS C.P., J.
........................................................... B.A. No.1617 of 2024 ............................................................. Dated this the 22nd day of May, 2024

ORDER

This is the second bail application filed by the petitioner seeking regular bail.

2. The prosecution case is that on 03.04.2023 at 1.15 pm, acting of a tip-off

regarding illegal transportation of ganja, when the Sub Inspector of Police, Chadayamangalam and his party intercepted the vehicle bearing Reg.No.Kl-01/CK- 2624 near Nilamel Sastha Temple on the M.C. Road, accused were found transporting 53.860 kilograms of ganja.

3. The learned counsel appearing for the petitioner would say that the

petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 03.04.2023, and continued custody of the petitioner is unnecessary.

4. The learned Public Prosecutor vehemently opposed the petition.

The earlier application was rejected by order dated 20.11.2023 taking note of the quantity involved, that the accused was found transporting the same and also the rigour of Section 37 of the NDPS Act. I do not find any change in circumstances. Accordingly, the bail application is dismissed. Sd/- MOHAMMED NIAS C.P. JUDGE okb/ //True copy// P.S. to Judge B.A.1617/2024 3 APPENDIX OF BAIL APPL. 1617/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FINAL REPORT DATED 24.8.2023 IN CRIME NO. 502/2023 OF THE CHADAYAMANGALAM POLICE STATION Annexure A2 TRUE COPY OF THE ORDER DATED 25.8.2023 IN CRL. M.C. NO. 1826/2023 OF THE SESSIONS COURT, KOLLAM Annexure A3 TRUE COPY OF THE ORDER DATED 28.11.2023 IN B.A. NO. 7812/2023 OF THIS HONOURABLE COURT

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