Sanil vs State of Kerala

SANIL vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Mar 24, 2023

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Citation: sooperkanoon.com/1340053
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Mar 24, 2023
Case Number: Crl.MC/1422/2023

Parties & Advocates

Appellant / Petitioner

SANIL

Respondent

State of Kerala

Excerpt

.....court of kerala, ernakulam, pin - 682031 sr.public prosecutor - sri. renjith george this criminal misc. case having come up for admission on 24.03.2023, the court on the same day passed the following:o r d e rdated this the 24th day of march, 2023 the petitioner is the 2nd accused in sc(ndps) no. cases), thodupuzha. the case originated out of crime no.3/2020 registered by the excise enforcement and narcotic special squad, idukki, for alleging commission of offences under section 20(b)(ii)b and 29 of narcotic drugs and psychotropic substances act (‘the ndps act’ for short) by the petitioner and two others. the contraband involved is 4 kgs of dried ganja. according to the prosecution, when the 3rd accused was apprehended with the contraband on 21.01.2020, the accused nos 1 and 2 ran away from the spot. the 1st accused later surrendered before the court. the petitioner seeking permission to surrender before the sessions court and for a direction to that court to enlarge him on bail.2. heard, learned counsel for the petitioner and learnedpublic prosecutor also. i am of the definite opinion that in a case of this nature there cannot be a direction to the sessions court to grant bail to the petitioner. it is for the petitioner to surrender and move bail application before the sessions court with advance notice to the public prosecutor. in such event, the sessions court shall pass appropriate orders on the bail application, if possible on the date of surrender itself. hence, the crl.m.c is closed accordingly. sd/- v.g arun judge sj appendix of crl.mc 1422/2023 petitioner annexures annexure i a true copy of the crime and occurrence report dated 21.01.2020

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945 AGAINST THE ORDER/JUDGMENTSC (NDPS) 28/2020 OF SPECIAL COURT (NDPS ACT CASES), THODUPUZHA PETITIONER/2nd ACCUSED: SANIL AGED 31 YEARS S/O MOHANAN, MAVELIPUTHANPURAYIL HOUSE, MUTHARAMKUNNU KARA, MANNAMKANDAM VILLAGE, DEVIKULAM TALUK, ADIMALY, IDUKKI DISTRICT., PIN - 685561 BY ADVS. N.K.SHYJU GIREESH PANKAJAKSHAN ANANYA M. VISHNU MOHAN RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 SR.PUBLIC PROSECUTOR - SRI. RENJITH GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

Dated this the 24th day of March, 2023 The petitioner is the 2nd accused in SC(NDPS) No. cases), Thodupuzha. The case originated out of Crime No.3/2020 registered by the Excise Enforcement and Narcotic Special Squad, Idukki, for alleging commission of offences under Section 20(b)(ii)B and 29 of Narcotic Drugs and Psychotropic Substances Act (‘the NDPS Act’ for short) by the petitioner and two others. The contraband involved is 4 Kgs of dried Ganja. According to the prosecution, when the 3rd accused was apprehended with the contraband on 21.01.2020, the accused nos 1 and 2 ran away from the spot. The 1st accused later surrendered before the court. The petitioner seeking permission to surrender before the Sessions Court and for a direction to that court to enlarge him on bail.

2. Heard, learned counsel for the petitioner and learned

Public Prosecutor also. I am of the definite opinion that in a case of this nature there cannot be a direction to the Sessions Court to grant bail to the petitioner. It is for the petitioner to surrender and move bail application before the Sessions Court with advance notice to the Public Prosecutor. In such event, the Sessions Court shall pass appropriate orders on the bail application, if possible on the date of surrender itself. Hence, the Crl.M.C is closed accordingly. Sd/- V.G ARUN JUDGE SJ APPENDIX OF CRL.MC 1422/2023 PETITIONER ANNEXURES Annexure I A TRUE COPY OF THE CRIME AND OCCURRENCE REPORT DATED 21.01.2020

Same Court & Year Kerala Orders · 2023 Same Parties SANIL vs State of Kerala Same Judge Honourable Mr.Justice V.G.Arun