Sindu, vs State of Kerala,

SINDU, vs State of Kerala,

Type Court Judgment Court Kerala Orders Decided Jul 24, 2024

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https://sooperkanoon.com/case/1327693

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Citation: sooperkanoon.com/1327693
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Jul 24, 2024
Case Number: Bail Appl./5320/2024

Parties & Advocates

Appellant / Petitioner

SINDU,

Respondent

State of Kerala,

Excerpt

.....the contraband was found in possession of accused nos.1 to 5 which was allegedly brought for the 6 th accused. since commercial quantity was involved, the rigour under section 37 of the ndps act was also court concerned to dispose of the case within 6 months from the receipt of the fsl report. it is submitted that the fsl report was received by the court on 25.4.2024. under such circumstances, i am not inclined to consider the bail application at this stage.2. it is the contention of the petitioner that the presence of a..3.. gazetted officer at the time of the search was highly doubtful. these are all contentions to be taken up at the time of trial. given the fact that a direction was given to the trial court to complete the trial, i am not inclined to consider the same at this stage, more so when i do not find any change in circumstances at all. it will be open to the petitioner to seek bail from the trial court if the trial is not completed within the above-mentioned period and if the delay is not attributable to the acts of the petitioner. subject to the above, the bail application is rejected. sd/- mohammed nias c. p. , judge mmg ..4.. appendix of bail appl.no.5320/2024 petitioner's annexures: annexure 1 the true copy of the order dated 04.12.2023 in b.a 8356/2023 appl.8356/2023 on high court annexure 2 the true copy of the order dated 15.05.2024 in crl.m.c 1727/2024 on the files of court of session, palakkad annexure 3 the true copy of the seizure mahazar dated 13.02.2023 in crime no. 117/2023 of kollengode police station, palakkad district

Full Judgment

..1..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 24TH DAY OF JULY 2024 / 2ND SRAVANA, 1946 BAIL APPL. NO. 5320 OF 2024 CRIME NO.117/2023 OF KOLLENGODE POLICE STATION, PALAKKAD AGAINST THE ORDER IN BAIL APPL. NO.8356 OF 2023 OF HIGH COURT OF KERALA PETITIONER/5TH ACCUSED: SINDU, AGED 27 YEARS, D/O MANIKAN, ORCHID INTERNATIONAL APARTMENT, SAFDER HASHMI LANE, PACHALAM, ERNAKULAM, PIN - 682023. BY ADVS.M/S.C.DHEERAJ RAJAN & ANAND KALYANAKRISHNAN RESPONDENT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031. SMT.PREETHA K.K., SR.GP THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
MOHAMMED NIAS C. P. , J.
B. A. No. 5320 of 2024 Dated this the 24th day of July, 2024

ORDER

This is the second application preferred by the petitioner

seeking regular bail. The earlier application was rejected by order

dated 4.12.2023 in B.A.No.8356/2023 finding the involvement of the petitioner, that, the contraband was found in possession of accused Nos.1 to 5 which was allegedly brought for the 6 th accused. Since commercial quantity was involved, the rigour under Section 37 of the NDPS Act was also Court concerned to dispose of the case within 6 months from the receipt of the FSL Report. It is submitted that the FSL report was received by the Court on 25.4.2024. Under such circumstances, I am not inclined to consider the bail application at this stage.

2. It is the contention of the petitioner that the presence of a

..3.. gazetted officer at the time of the search was highly doubtful. These are all contentions to be taken up at the time of trial. Given the fact that a direction was given to the trial court to complete the trial, I am not inclined to consider the same at this stage, more so when I do not find any change in circumstances at all. It will be open to the petitioner to seek bail from the trial Court if the trial is not completed within the above-mentioned period and if the delay is not attributable to the acts of the petitioner. Subject to the above, the bail application is rejected. Sd/- MOHAMMED NIAS C. P. , JUDGE MMG ..4.. APPENDIX OF BAIL APPL.NO.5320/2024 PETITIONER'S ANNEXURES: ANNEXURE 1 THE TRUE COPY OF THE ORDER DATED 04.12.2023 IN B.A 8356/2023 APPL.8356/2023 ON HIGH COURT ANNEXURE 2 THE TRUE COPY OF THE ORDER DATED 15.05.2024 IN CRL.M.C 1727/2024 ON THE FILES OF COURT OF SESSION, PALAKKAD ANNEXURE 3 THE TRUE COPY OF THE SEIZURE MAHAZAR DATED 13.02.2023 IN CRIME NO. 117/2023 OF KOLLENGODE POLICE STATION, PALAKKAD DISTRICT

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