Abhi vs State of Kerala

ABHI vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Nov 28, 2023

~2 min read

https://sooperkanoon.com/case/1400281

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1400281
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Nov 28, 2023
Case Number: Bail Appl./9449/2023

Parties & Advocates

Appellant / Petitioner

ABHI

Respondent

State of Kerala

Excerpt

.....case is that the police party received a reliable information that thesale of ganja was taking place on the rooftop of a house bearing no. pcra 43, at ponekkara road, on 16/9/2023 at 12.45 am, and they raided the place and found a bag owned by the 2nd accused (deepumon), in which there was 1.084 kgs of ganja and other accused persons were friends of the 2nd accused, who all are together believed to be conducting the sale of ganja and thereby committed the aforesaid offence.4. the learned counsel appearing for the petitioner and the learned public prosecutor were heard.5. considering the allegation of having stored the contraband in the upstair portion of thebuilding and that the contraband was seized from that place where the petitioner was present, which prima facie shows the petitioner’s involvement in the crime and also taking note of the fact that the petitioner is already having an antecedent under the ndps act itself, which shows the propensity to repeatedly commit crimes under the act, i am not inclined to grant bail to the petitioner. the bail application is accordingly dismissed. sd/- mohammed nias c.p. judge okb/ appendix of bail appl. 9449/2023 petitioner annexures annexure a true copy of fir in crime no. 1504/2023 of elamakkara police station annexure b true copy of order in crl.m.p no.2889/2023 before the court of sessions, ernakulam dated 9/10/2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 28TH DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, 1945 BAIL APPL. NO. 9449 OF 2023 CRIME NO.1504/2023 OF ELAMAKKARA POLICE STATION, Ernakulam PETITIONER/3RD ACCUSED: ABHI AGED 25 YEARS MANNATHUTHARAYIL HOUSE, AANIPARA, KANNAMANGALAM VILLAGE, MAVELIKKARA, ALAPPUZHA, PIN - 676304 BY ADV P.THOMAS GEEVERGHESE

RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SMT.T.V.NEEMA, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.11.2023, THE COURT ON 28.11.2023 DELIVERED THE FOLLOWING: MOHAMMED NIAS C.P., J ............................................................ Bail Application No.9449 of 2023 ........................................................... Dated this the 28th November, 2023

ORDER

This application is filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.

2. The petitioner is the 3rd accused in Crime No. 1504/2023 of Elamakkara Police Station, Ernakulam District, which was registered for offences punishable under Sections 20(b)(ii)B and 29 of the NDPS Act.

3. The prosecution case is that the police party received a reliable information that the

sale of ganja was taking place on the rooftop of a house bearing No. PCRA 43, at Ponekkara Road, on 16/9/2023 at 12.45 am, and they raided the place and found a bag owned by the 2nd accused (Deepumon), in which there was 1.084 kgs of Ganja and other accused persons were friends of the 2nd accused, who all are together believed to be conducting the sale of Ganja and thereby committed the aforesaid offence.

4. The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

5. Considering the allegation of having stored the contraband in the upstair portion of the

building and that the contraband was seized from that place where the petitioner was present, which prima facie shows the petitioner’s involvement in the crime and also taking note of the fact that the petitioner is already having an antecedent under the NDPS Act itself, which shows the propensity to repeatedly commit crimes under the Act, I am not inclined to grant bail to the petitioner. The bail application is accordingly dismissed. Sd/- MOHAMMED NIAS C.P. JUDGE okb/ APPENDIX OF BAIL APPL. 9449/2023 PETITIONER ANNEXURES Annexure A TRUE COPY OF FIR IN CRIME NO. 1504/2023 OF ELAMAKKARA POLICE STATION Annexure B TRUE COPY OF ORDER IN CRL.M.P NO.2889/2023 BEFORE THE COURT OF SESSIONS, ERNAKULAM DATED 9/10/2023

Same Court & Year Kerala Orders · 2023 Same Parties ABHI vs State of Kerala Same Judge Honourable Mr.Justice Mohammed Nias C.P.