Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 20TH DAY OF JULY 2023 / 29TH ASHADHA, 1945 BAIL APPL. NO. 5683 OF 2023 CRIME NO.2035/2023 OF CENTRAL POLICE STATION, KOCHI CITY PETITIONER/ACCUSED: RAMEES M M AGED 30 YEARS S/O MUHAMMED KUTTY, KALATHIPARAMB, KALATHIPARAMB LANE, FORT KOCHI, ERNAKULAM, PIN - 682001 BY ADVS. REJEESH M.A. ARUN GOPI RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ADV. SREEJA V - SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2 :
ORDER
Dated this the 20th day of July, 2023 The petitioner is the sole accused in crime No.2035/2023 of Ernakulam Central Police Station, which was registered for the offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
2. The prosecution case is that on 05.07.2023 at 3 p.m.,
the petitioner was found in possession of 1.45 grams of MDMA. He was arrested immediately and the crime was registered. Since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.
3. Heard Sri. Rejeesh M.A., the learned counsel appearing for the petitioner and Smt. Sreeja V., the learned Senior Public Prosecutor for the State.
4. I have carefully gone through the records. It is evident
that the petitioner was found in possession of the contraband article. It is true that the quantity involved is intermediate quantity, to which the rigour under Section 37 of the NDPS Act would not :3 : be applicable. However, the investigation is only at its preliminary stage, as it was detected only on 05.07.2023. In such circumstances, I do not find this as a fit case in which bail can be granted to the petitioner at this stage. Therefore, this application is dismissed. Sd/- ZIYAD RAHMAN A.A. JUDGE ncd :4 : APPENDIX OF BAIL APPL. 3871/2023 PETITIONER ANNEXURES Annexure A 1 A TRUE COPY MEDICAL CERTIFICATE DATED QUARTERS HOSPITAL HARIPAD Annexure A 2 CERTIFIED COPY OF ORDER IN CRL. M.C SESSIONS COURT, PALAKKAD