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Ibrahim vs State of Kerala

Ibrahim vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jun 25, 2021
~2 min read
https://sooperkanoon.com/case/1640437

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Bail Appl./4067/2021

Parties & Advocates

Appellant / Petitioner

Ibrahim

Respondent

State of Kerala

Excerpt

.....and psychotropic substances act 1985.2. the alleged incident had happened on 20.12.2018 at about 1.30pm and the petitioner was arrested along with 1.929 kg of methamphetamine and 1.770 kg of hashish oil for the purpose of sale. thus the petitioner was found in illegal possession of commercial quantity of narcotic drugs. it has also come out that he is a native of tamil nadu. the learned counsel for the petitioner has pressed for granting an interim bail to him. according to the counsel he has tested covid positive thrice. due to the over crowding of the jails, she seeks indulgence of this court for granting at least interim bail.3. i heard the learned public prosecutor also. on completion of investigation, the charge sheet has already made and the case is now pending as s.c.no.850/2019 on the file of vii th additional sessions court, considering the gravity of the offence alleged against the petitionerand also taking into account the fact that he is a native of another state, i am not inclined to grant him bail. the application is dismissed. however, if the petitioner moves the trial court seeking an early trial, i have no doubt that the court will consider the same. with this observation, the application is dismissed. sd/- k.haripal judge jms/25.06 //true copy// p.a to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL FRIDAY, THE 25TH DAY OF JUNE 2021 / 4TH ASHADHA, 1943 BAIL APPL. NO. 4067 OF 2021 IN CRIME NO.2044/2018 OF ERNAKULAM NORTH POLICE STATION, PETITIONER/ACCUSED: IBRAHIM AGED 56 YEARS RASA HAIDER STREET, MOUNT ROAD, ANNASALAI, CHENNAI, TAMILNADU STATE, PIN - 600016 BY ADVS. P.MOHAMED SABAH SAIPOOJA RESPONDENT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM DISTRICT ERNAKULAM, PIN - 682018 BY ADV PUBLIC PROSECUTOR SR.PP - SRI. SANTHOSH PETER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

The petitioner is the sole accused in Crime No.2044/18 of Ernakulam Town North Police Station alleging offences punishable under Sections 20(b)(ii)C and 22(c) of the Narcotic Drugs and Psychotropic Substances Act 1985.

2. The alleged incident had happened on 20.12.2018 at about 1.30

PM and the petitioner was arrested along with 1.929 kg of Methamphetamine and 1.770 kg of hashish oil for the purpose of sale. Thus the petitioner was found in illegal possession of commercial quantity of narcotic drugs. it has also come out that he is a native of Tamil Nadu. The learned counsel for the petitioner has pressed for granting an interim bail to him. According to the counsel he has tested Covid positive thrice. Due to the over crowding of the jails, she seeks indulgence of this Court for granting at least interim bail.

3. I heard the learned Public Prosecutor also. On completion of investigation, the charge sheet has already made and the case is now pending as S.C.No.850/2019 on the file of VII th Additional Sessions Court, Considering the gravity of the offence alleged against the petitioner

and also taking into account the fact that he is a native of Another State, I am not inclined to grant him bail. The application is dismissed. However, if the petitioner moves the trial court seeking an early trial, I have no doubt that the court will consider the same. With this observation, the application is dismissed. Sd/- K.HARIPAL JUDGE Jms/25.06 //True Copy// P.A to Judge

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