Devan vs State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1522647
CourtKerala High Court
Decided OnSep-22-2022
Case NumberBail Appl./6539/2022
JudgeHonourable Mr.Justice Viju Abraham
AppellantDEVAN
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr.justice viju abraham thursday, the 22nd day of september 2022 / 31st bhadra, 1944 bail appl. no. 6539 of 2022 crime no.1673/2013 of medical college police station, thiruvananthapurampetitioner/accused no.2: devan, aged 32 years karuthala, elamkulam, kadavanthra, ernakulam, pin - 682020 by adv d.vimal dev respondent/state: state of kerala represented by public prosecutor,high court of kerala, pin - 682031 by adv public prosecutor smt.nima jacob this bail application having come up for admission on 22.09.2022, the court on the same day delivered the following: b.a. no. 6539 of 2022 2viju abraham, j.------------------------ b.a. no. 6539 of 2022 ------------------------------ dated this the 22nd day of september, 2022orderthis is an application for regular bail.2. the petitioner is the 2nd accused in crime no. thiruvananthapuram registered for the offence punishable under sections 22(b) of the ndps act.3. the prosecution case in brief, is that on medicals at medical college hospital in cheruvaickal village, the petitioner with the other accused person were found in possession of 49 nitrazepam nitrosun-10 tablets, 16 nitrosun-5 tablets and 183 nite-10 tablets for the purpose of sale in contravention of the provisions of ndps act, and thus they committed the aforesaid offence.4. the learned counsel for the petitioner submits that he was arrested on 15.1.2022 and he is in b.a. no. 6539 of 2022 3 custody since then. though he moved an application for bail before the sessions court, the same wasrejected as per annexure-a2 order. he further submits that he is in custody for long and further detention of the petitioner is not required for the purpose of investigation.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 thepetitioner and the co-accused were found in possession of nitrosum 10-49 tablets, nitrosum 5-16 tablets, nite 10-183 tablets for the purpose of sale in contravention of the provisions of the ndps act. learned public prosecutor further submits that the petitioner is involved in 15 other cases out of which 3 are punishable under the provisions of the ndps act and also preventive detention order was issued under the kaapa act, against the petitioner. learned public prosecutor further submitted that the petitioner is a hardcore criminal and there is everyb.a. no. 6539 of 2022 4 possibility of threatening the witnesses and to repeat the similar offence. learned publicprosecutor also raised an apprehension that if the petitioner is released on bail he may not be available for trial as the petitioner frequently fails to appear before the court and commits other similar crime, while on bail. considering the nature of the allegations and taking into consideration the above facts, i am not inclined to grant bail to the petitioner. accordingly, the bail application is dismissed. sd/- viju abraham, judge pm
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 22ND DAY OF SEPTEMBER 2022 / 31ST BHADRA, 1944 BAIL APPL. NO. 6539 OF 2022 CRIME NO.1673/2013 OF Medical College Police Station, Thiruvananthapuram

PETITIONER/ACCUSED NO.2: DEVAN, AGED 32 YEARS KARUTHALA, ELAMKULAM, KADAVANTHRA, ERNAKULAM, PIN - 682020 BY ADV D.VIMAL DEV RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR SMT.NIMA JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No. 6539 of 2022 2

VIJU ABRAHAM, J.

------------------------ B.A. No. 6539 of 2022 ------------------------------ Dated this the 22nd day of September, 2022

ORDER

This is an application for regular bail.

2. The petitioner is the 2nd accused in Crime No. Thiruvananthapuram registered for the offence punishable under Sections 22(b) of the NDPS Act.

3. The prosecution case in brief, is that on Medicals at Medical College Hospital in Cheruvaickal Village, the petitioner with the other accused person were found in possession of 49 Nitrazepam Nitrosun-10 tablets, 16 Nitrosun-5 tablets and 183 Nite-10 tablets for the purpose of sale in contravention of the provisions of NDPS Act, and thus they committed the aforesaid offence.

4. The learned counsel for the petitioner submits that he was arrested on 15.1.2022 and he is in B.A. No. 6539 of 2022 3 custody since then. Though he moved an application for bail before the Sessions Court, the same was

rejected as per Annexure-A2 order. He further submits that he is in custody for long and further detention of the petitioner is not required for the purpose of investigation.

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 the

petitioner and the co-accused were found in possession of Nitrosum 10-49 tablets, Nitrosum 5-16 tablets, NITE 10-183 tablets for the purpose of sale in contravention of the provisions of the NDPS Act. Learned Public Prosecutor further submits that the petitioner is involved in 15 other cases out of which 3 are punishable under the provisions of the NDPS Act and also Preventive Detention order was issued under the KAAPA Act, against the petitioner. Learned Public Prosecutor further submitted that the petitioner is a hardcore criminal and there is every

B.A. No. 6539 of 2022                  4
possibility       of    threatening         the    witnesses        and   to
repeat      the        similar        offence.      Learned          Public

Prosecutor also raised an apprehension that if the petitioner is released on bail he may not be available for trial as the petitioner frequently fails to appear before the court and commits other similar crime, while on bail. Considering the nature of the allegations and taking into consideration the above facts, I am not inclined to grant bail to the petitioner. Accordingly, the bail application is dismissed. Sd/- VIJU ABRAHAM, JUDGE pm