Renjith, vs State of Kerala,

Type Court Judgment Court Kerala Orders Decided Apr 03, 2024

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Citation: sooperkanoon.com/1313600
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Apr 03, 2024
Case Number: Bail Appl./1810/2024

Parties & Advocates

Appellant / Petitioner

Renjith,

Respondent

State of Kerala,

Excerpt

.....involvement of the petitioner that he was found in possession of the contraband while transported in a car that apart 1.3 grams of mdma was also seized from his body. the allegations are that a1 and a2 had purchased ..4..the contraband from a6. it is also financial transactions between a2 and a3 the antecedents under the ndps act. taking note of the above fact the earlier bail application was rejected. considering the fact that there are materials clearly showing the involvement of the petitioner and the fact that the rigour under section 37 of the ndps act is applicable, the fact that the petitioner is already involved in other crimes under the n.d.p.s act itself, i am not inclined to grant bail to the petitioner more so when there is no change in circumstances.5. a report was called from the special court forndps cases, thodupuzha, as to the probable time required for the completion of the trial and the report received from 01.04.2024. it is pointed out that eight months is required for completing the trial, after framing the charge. this is recorded. even as i dismiss the bail application, there will be a direction to the court concerned to endeavour to stick to the timeline indicated in the report dated 01.04.2023 and to complete the trial of the case accordingly. in case..5.. the trial is not complete within the said period, and the delay is not attributable to the petitioner, it will open to him to seek bail from the court concerned.subject to the above, the bail application is dismissed. sd/- mohammed nias c.p lu judge ..6.. appendix of bail appl. 1810/2024 petitioner annexures : annexure a1 the photocopy of fir dated 09/10/2022 in crime no 1358/2022 thalayolaparambu police station annexure a2 the photocopy of the order has filed ba no. 5745/2023 before this hon'ble court and same was dismissed on 6/ 12/2023. // true copy // pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946 CRIME NO.1358/2022 OF THALAYOLAPARAMBU POLICE STATION, KOTTAYAM PETITIONER/ACCUSED NO.2: RENJITH AGED 26 YEARS S/O RAJU, MUNKUZHACKAL HOUSE MADUKKA, MUNDAKKAYAM KARA MUNDAKKAYAM VILLAGE KOTTAYAM, KERALA, PIN - 686513 BY ADVS. P.M.HABEEB SILPA V. CHANDRAN YESMA D. ELAVANTHARA AKHILA JOSEPH RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR, THALAYOLAPARAMBU POLICE STATION THROUGH THE PUBLIC PROSECUTOR OF HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 SMT. NIMA JACOB - PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
MOHAMMED NIAS C.P, J.
======================== B.A. No. 1810 of 2024 ======================== Dated this the 3rd day of April, 2024

ORDER

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

2. The petitioner is the 2nd accused in Crime No.

1358 of 2022 of Thalayolaparambu police station, Kottayam district registered alleging offences punishable under Sections 20(b)(ii)C, 22(b), 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. The gist of the prosecution case is that on

09.10.2022 at about 8.25 a.m. the Sub Inspector of Police, Thalayolaparambu Police Station while conducting vehicle checking at Konginimukku in Mittayikunnam Kara of Vadayar Village on ErnakulamThalayolaparambu public road, accused Nos.1 and 2 came in a blue Ford car bearing ..3..

registration No. KA 3 NB 3645 from Ernakulam side. 1st accused was the driver and the 2nd accused was travelling in the car. The detecting officer had allegedly received previous information about transporting of ganja for sale. Therefore accused Nos.1 and 2 were searched, during the search 1.3 gms of MDMA was seized from the 2nd accused whereas mobile phones, money, ATM cards etc. were seized from the 1st accused. On searching the vehicle 3 kgs of dried ganja was seen kept in 45 packets in 4 sacks. Thereupon the contraband items were seized and accused Nos.1 and 2 were arrested from the spot. Thus the above crime was registered against them.

4. This is the 2nd bail application filed by the petitioner. The earlier bail application was rejected by an

order dated 06.12.2023 in B.A No. 5745 of 2023, finding

the involvement of the petitioner that he was found in possession of the contraband while transported in a car that apart 1.3 grams of MDMA was also seized from his body. The allegations are that A1 and A2 had purchased ..4..

the contraband from A6. It is also financial transactions between A2 and A3 the antecedents under the NDPS Act. Taking note of the above fact the earlier bail application was rejected. Considering the fact that there are materials clearly showing the involvement of the petitioner and the fact that the rigour under Section 37 of the NDPS Act is applicable, the fact that the petitioner is already involved in other crimes under the N.D.P.S Act itself, I am not inclined to grant bail to the petitioner more so when there is no change in circumstances.

5. A report was called from the Special Court for

NDPS Cases, Thodupuzha, as to the probable time required for the completion of the trial and the report received from 01.04.2024. It is pointed out that eight months is required for completing the trial, after framing the charge. This is recorded. Even as I dismiss the bail application, there will be a direction to the court concerned to endeavour to stick to the timeline indicated in the report dated 01.04.2023 and to complete the trial of the case accordingly. In case

..5.. the trial is not complete within the said period, and the delay is not attributable to the petitioner, it will open to him to seek bail from the court concerned.

Subject to the above, the bail application is dismissed. Sd/- MOHAMMED NIAS C.P LU JUDGE ..6.. APPENDIX OF BAIL APPL. 1810/2024 PETITIONER ANNEXURES : ANNEXURE A1 THE PHOTOCOPY OF FIR DATED 09/10/2022 IN CRIME NO 1358/2022 THALAYOLAPARAMBU POLICE STATION ANNEXURE A2 THE PHOTOCOPY OF THE ORDER HAS FILED BA NO. 5745/2023 BEFORE THIS HON'BLE COURT AND SAME WAS DISMISSED ON 6/ 12/2023. // True Copy // PA To Judge

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