Aromal vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jun 06, 2023

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Citation: sooperkanoon.com/1360425
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Jun 06, 2023
Case Number: Bail Appl./3946/2023

Parties & Advocates

Appellant / Petitioner

Aromal

Respondent

State of Kerala

Excerpt

.....this bail application having come up for admission on 06.06.2023, the court on the same day delivered the following :bechu kurian thomas, j.=-=-=-=-=-=-=-=-=-=-=-=-= b.a.no.3946 of 2023 =-=-=-=-=-=-=-=-=-=-= dated this the 6th day of june, 2023orderthis is an application seeking pre-arrest bail filed under section 438 of the code of criminal procedure, 1973.2. petitioner is the 3rd accused in crime no.419 of 2023 of chavara police station, kollam, alleging offences under section 20(b)(ii) of the narcotic drugs and psychotropic substances act, 1985.3. according to the prosecution, on 10.03.2023, accused 1 and 2 were found transporting 4.50 kg. of ganja and thereby committed the offences alleged. during the course of investigation, it is revealed that petitioner is also involved in the crime and he is arrayed as the 3 rd accused.4. sri.s.easwaran, the learned counsel for the petitioner contendedthat petitioner is totally innocent and is not involved in the crime at all. it was also pointed out that at the relevant time, petitioner was inside the hostel of the college where he is undergoing b.sc nursing and therefore, he has been falsely arrayed as the accused.5. sri.manu p.g., the learned public prosecutor, on the other hand,opposed the application and submitted that the investigation has revealed the direct involvement of the petitioner in the crime. it is also revealed that petitioner's mother had even filed a complaint to the chavara police station regarding his dealings with narcotic drugs. it was also submitted that custodial interrogation of the petitioner is essential.6. having regard to the nature of allegations against the petitioner as well as the gravity of the offences alleged against him, i am of the view that this is not a fit case where petitioner can be released on anticipatory bail. accordingly, i find no merit in this application and the same is dismissed. bechu kurian thomas, judge rkm

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 6TH DAY OF JUNE 2023 / 16TH JYAISHTA, 1945 CRIME NO.419 OF 2023 OF CHAVARA POLICE STATION, KOLLAM PETITIONER/ 3RD ACCUSED : AROMAL, AGED 21 YEARS, SON OF RAJAN, SREEDHARALAYAM, THOTTINU VADAKKU, CHAVARA VILLAGE, P.O. CHAVARA, KOLLAM, PIN - 691 583 BY ADVS. S.EASWARAN P.MURALEEDHARAN (IRIMPANAM) P.SREEKUMAR (THOTTAKKATTUKARA) K.V.RAJESWARI AUGUSTINE JOSEPH RESPONDENT : STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, CHAVARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031 BY SRI.MANU P.G., PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :
BECHU KURIAN THOMAS, J.
=-=-=-=-=-=-=-=-=-=-=-=-= B.A.No.3946 of 2023 =-=-=-=-=-=-=-=-=-=-= Dated this the 6th day of June, 2023

ORDER

This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.

2. Petitioner is the 3rd accused in Crime No.419 of 2023 of Chavara Police Station, Kollam, alleging offences under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. According to the prosecution, on 10.03.2023, accused 1 and 2 were found transporting 4.50 Kg. of ganja and thereby committed the offences alleged. During the course of investigation, it is revealed that petitioner is also involved in the crime and he is arrayed as the 3 rd accused.

4. Sri.S.Easwaran, the learned counsel for the petitioner contended

that petitioner is totally innocent and is not involved in the crime at all. It was also pointed out that at the relevant time, petitioner was inside the hostel of the college where he is undergoing B.Sc Nursing and therefore, he has been falsely arrayed as the accused.

5. Sri.Manu P.G., the learned Public Prosecutor, on the other hand,

opposed the application and submitted that the investigation has revealed the direct involvement of the petitioner in the crime. It is also revealed that petitioner's mother had even filed a complaint to the Chavara Police Station regarding his dealings with narcotic drugs. It was also submitted that custodial interrogation of the petitioner is essential.

6. Having regard to the nature of allegations against the petitioner as well as the gravity of the offences alleged against him, I am of the view that this is not a fit case where petitioner can be released on anticipatory bail. Accordingly, I find no merit in this application and the same is dismissed. BECHU KURIAN THOMAS, JUDGE RKM

Same Court & Year Kerala Orders · 2023 Same Parties Aromal vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas