Sudheesh vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Feb 14, 2023

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https://sooperkanoon.com/case/1347401

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Citation: sooperkanoon.com/1347401
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Feb 14, 2023
Case Number: Bail Appl./2511/2022

Parties & Advocates

Appellant / Petitioner

Sudheesh

Respondent

State of Kerala

Excerpt

.....court on the same day delivered the following:orderdated this the 14th day of february, 2023 this is an application for regular bail filed by the second accused in crime no.658/2021 of koraty police station, where accused nos.1 to 5 alleged to have committed offences punishable under sections 22(b)(ii)(c), 25 and 29 of the narcotic drugs and psychotropic substances act, 1985.2. at the time of hearing, the learned senior publicprosecutor submitted that the application for regular bail at the instance of the petitioner was dismissed, after considering the entire aspects as per the decision reported in 2021 khc 727 (jose and another v. state of kerala). now on the same sets of fact, regular bail is being pressed into in a case where commercial quantity of contraband is involved.3. at this juncture, the learned counsel for the petitioner sought permission to withdraw the petition. permission granted. accordingly, this bail application stands dismissed as withdrawn.4. it is made clear that the special court can expeditethe trial, taking note of the custody of the petitioner in a case involving commercial quantity without fail. registry is directed to forward a copy of this order to the special court for information. sd/- a. badharudeen judge nkr appendix of bail appl. 2511/2022 petitioner annexures annexure 1 true copy of the common order passed by the court of additional sessions judge-iv, thrissur in crl.m.p no. 08.02.2022 annexure 2 a true copy of the proceeding sheet in bail application no.1406/2022 wherein crl.ma no.1/2022 is seen allowed

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 14TH DAY OF FEBRUARY 2023 / 25TH MAGHA, 1944 CRIME NO.658/2021 OF KORATY POLICE STATION, THRISSUR PETITIONER/2nd ACCUSED: SUDHEESH AGED 42 YEARS SON OF BALAN, VALIYAVEETTIL HOUSE, MANNUTHY DESOM, THRISSUR DISTRICT, PIN - 680651 BY ADV NIREESH MATHEW RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADVS. SMT.NEEMA T.V., SR.PUBLIC PROSECUTOR ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Dated this the 14th day of February, 2023 This is an application for regular bail filed by the second accused in crime No.658/2021 of Koraty police station, where accused Nos.1 to 5 alleged to have committed offences punishable under Sections 22(b)(ii)(C), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. At the time of hearing, the learned senior Public

Prosecutor submitted that the application for regular bail at the instance of the petitioner was dismissed, after considering the entire aspects as per the decision reported in 2021 KHC 727 (Jose and Another v. State of Kerala). Now on the same sets of fact, regular bail is being pressed into in a case where commercial quantity of contraband is involved.

3. At this juncture, the learned counsel for the petitioner sought permission to withdraw the petition. Permission granted. Accordingly, this bail application stands dismissed as withdrawn.

4. It is made clear that the Special Court can expedite

the trial, taking note of the custody of the petitioner in a case involving commercial quantity without fail. Registry is directed to forward a copy of this order to the Special Court for information. Sd/- A. BADHARUDEEN JUDGE nkr APPENDIX OF BAIL APPL. 2511/2022 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE COMMON ORDER PASSED BY THE COURT OF ADDITIONAL SESSIONS JUDGE-IV, THRISSUR IN CRL.M.P NO. 08.02.2022 Annexure 2 A TRUE COPY OF THE PROCEEDING SHEET IN BAIL APPLICATION NO.1406/2022 WHEREIN CRL.MA NO.1/2022 IS SEEN ALLOWED

Same Court & Year Kerala Orders · 2023 Same Parties Sudheesh vs State of Kerala Same Judge Honourable Mr. Justice a. Badharudeen