Jithu Thomas vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jan 17, 2023

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Citation: sooperkanoon.com/1398329
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Viju Abraham
Decided On: Jan 17, 2023
Case Number: Bail Appl./8907/2022

Parties & Advocates

Appellant / Petitioner

Jithu Thomas

Respondent

State of Kerala

Excerpt

.....dated this the 17th day of january, 2023orderthis is an application for regular bail.2. petitioner is the 15th accused in crime no.375 of 2022 of kannur town south police station, registered alleging commission of offences punishable under sections 21, 22c, 27(a) and 29 of ndps act.3. the prosecution allegation is that, during thecourse of investigation in a crime, police has conducted a search in a building bearing no. l11/958 and found 3.49 grams of lsd,39 grams of tablets and 18.5 grams of brown sugar.4. petitioner submits that he has been falselyimplicated in the above-said crime. petitioner is arrested on 04.06.2022 and is in custody since then. the final report is already laid and his detention is not required for the purpose of investigation. b.a. no. 8907 of 2022 3 the petitioner is arrayed as an accused only for the reason that during the investigation it was found that there was some money transaction between the 2nd accused and the petitioner. in the final report, there is nothing to connect the petitioner with the alleged seizure. the petitioner has no other criminal antecedents.5. heard the learned counsel for the petitioner and the learned public prosecutor.6. learned public prosecutor seriously opposed theapplication for bail mainly contending that 3.49 grams of lsd, 39 grams of tablets, 18.5 grams of brown sugar were seized. investigation reveals huge monetary transactions between the accused including the accused who are nigerian citizens for the purchase of the contraband. the allegation against the petitioner is that he has deposited rs. 11,29,650/- to the account of the 2nd accused and obtained narcotic drugs for sale. the investigation also revealed that he is involved in the retail sale b.a. no. 8907 of 2022 4 of narcotic drugs locally. the petitioner is also involved in seven other cases. considering the serious involvement of the petitioner in the alleged crime and also taking note of the serious criminal antecedents, i am not.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944 BAIL APPL. NO. 8907 OF 2022 CRIME NO.375/2022 OF Kannur Town, Kannur PETITIONER/15TH ACCUSED: JITHU THOMAS AGED 30 YEARS KULATHUMKAL (H) PANNIAMALA,KOTTIYOOR P.O, KANNUR., PIN - 670651 BY ADV AJEESH M UMMER RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR SMT.S.SEETHA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No. 8907 of 2022 2
VIJU ABRAHAM, J.
------------------------ B.A. No. 8907 of 2022 ------------------------------ Dated this the 17th day of January, 2023

ORDER

This is an application for regular bail.

2. Petitioner is the 15th accused in Crime No.375 of 2022 of Kannur Town South Police Station, registered alleging commission of offences punishable under Sections 21, 22C, 27(A) and 29 of NDPS Act.

3. The prosecution allegation is that, during the

course of investigation in a crime, police has conducted a search in a building bearing No. L11/958 and found 3.49 grams of LSD,39 grams of Tablets and 18.5 grams of Brown sugar.

4. Petitioner submits that he has been falsely

implicated in the above-said crime. Petitioner is arrested on 04.06.2022 and is in custody since then. The final report is already laid and his detention is not required for the purpose of investigation. B.A. No. 8907 of 2022 3 The petitioner is arrayed as an accused only for the reason that during the investigation it was found that there was some money transaction between the 2nd accused and the petitioner. In the final report, there is nothing to connect the petitioner with the alleged seizure. The petitioner has no other criminal antecedents.

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

6. Learned public prosecutor seriously opposed the

application for bail mainly contending that 3.49 grams of LSD, 39 grams of tablets, 18.5 grams of brown sugar were seized. Investigation reveals huge monetary transactions between the accused including the accused who are Nigerian citizens for the purchase of the contraband. The allegation against the petitioner is that he has deposited Rs. 11,29,650/- to the account of the 2nd accused and obtained narcotic drugs for sale. The investigation also revealed that he is involved in the retail sale B.A. No. 8907 of 2022 4 of narcotic drugs locally. The petitioner is also involved in seven other cases. Considering the serious involvement of the petitioner in the alleged crime and also taking note of the serious criminal antecedents, I am not inclined to grant bail to the petitioner at this stage. The bail application is accordingly dismissed. Sd/- VIJU ABRAHAM, JUDGE pm

Same Court & Year Kerala Orders · 2023 Same Parties Jithu Thomas vs State of Kerala Same Judge Honourable Mr.Justice Viju Abraham