Ebin Roy vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Aug 05, 2021

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Citation: sooperkanoon.com/1657743
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Aug 05, 2021
Case Number: Bail Appl./5716/2021

Parties & Advocates

Appellant / Petitioner

Ebin Roy

Respondent

State of Kerala

Excerpt

.....105. by adv. nireesh mathew respondent/complainant: state of kerala rep. by station house officer, irinjalakuda police station, rep. by public prosecutor, high court of kerala, ernakulam. by smt. sreeja v., senior public prosecutor this bail application having come up for admission on 05.08.2021, the court on the same day delivered the following: bail appl.no.5716 of 2021 2orderthis is an application filed under section 439 of the code of criminal procedure. petitioner is the second accused in crime no. 901/2021 of thalayolaparambu police station in kottayam district which was registered alleging offence under sections 20(b)(ii)(b), 25 and 29 of the ndps act after seizing 1.55 kgs of ganja. the alleged seizure was on 09.07.2021. along with the contraband, the petitioner and the first accused were arrested and they are in judicial custody.2. the learned counsel for the petitioner submits that he is only 20 years old and that he has no criminal antecedents to his credit.3. the learned senior public prosecutor has stronglyopposed the application. according to her, the third accused who had escorted the car driven by the petitioner bearing registration no. kl-27/e-2032, could not be arrested. moreover, source of the contraband is yet to be traced.4. it is true that the petitioner is in judicial custody from 09.07.2021 onwards. he is only 20 years. all the same, bail appl.no.5716 of 2021 3investigation is only at the nascent stage. offence under section 29 of the ndps act also is alleged against the petitioner and others. the source of the contraband is not yet found out. even though the contraband was seized from below the seat of the co- driver in the car, i am not convinced that the petitioner can be released on bail at this stage. the bail application is dismissed.sd/- k.haripal judge dcs/06.08.2021

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943 BAIL APPL. NO. 5716 OF 2021 CRIME NO. 901/2021 OF THALAYOLAPARAMBU POLICE STATION, KOTTAYAM PETITIONER/ACCUSED NO. 2: EBIN ROY AGED 20 YEARS S/O.ROY ABRAHAM, PARUNTHANIYIL HOUSE, KOTTAMURI P.O., THRIKODITHANAM, KOTTAYAM DISTRICT, PIN - 686 105. BY ADV. NIREESH MATHEW RESPONDENT/COMPLAINANT: STATE OF KERALA REP. BY STATION HOUSE OFFICER, IRINJALAKUDA POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SMT. SREEJA V., SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl.No.5716 OF 2021 2

ORDER

This is an application filed under Section 439 of the Code of Criminal Procedure. Petitioner is the second accused in Crime No. 901/2021 of Thalayolaparambu police station in Kottayam district which was registered alleging offence under Sections 20(b)(ii)(B), 25 and 29 of the NDPS Act after seizing 1.55 kgs of ganja. The alleged seizure was on 09.07.2021. Along with the contraband, the petitioner and the first accused were arrested and they are in judicial custody.

2. The learned counsel for the petitioner submits that he is only 20 years old and that he has no criminal antecedents to his credit.

3. The learned Senior Public Prosecutor has strongly

opposed the application. According to her, the third accused who had escorted the car driven by the petitioner bearing Registration No. KL-27/E-2032, could not be arrested. Moreover, source of the contraband is yet to be traced.

4. It is true that the petitioner is in judicial custody from 09.07.2021 onwards. He is only 20 years. All the same, Bail Appl.No.5716 OF 2021 3

investigation is only at the nascent stage. Offence under Section 29 of the NDPS Act also is alleged against the petitioner and others. The source of the contraband is not yet found out. Even though the contraband was seized from below the seat of the co- driver in the car, I am not convinced that the petitioner can be released on bail at this stage. The bail application is dismissed.

Sd/- K.HARIPAL JUDGE DCS/06.08.2021

Same Court & Year Kerala Orders · 2021 Same Parties Ebin Roy vs State of Kerala Same Judge Honourable Mr. Justice K.Haripal