Kerala High Court
Pranav vs State Of Kerala on 1 July, 2021
BAIL APPL. NO. 4990 OF 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
BAIL APPL. NO. 4990 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 1103/2021 OF DISTRICT
COURT & SESSIONS COURT, ERNAKULAM, ERNAKULAM
PETITIONER/IST ACCUSED :-
PRANAV
AGED 23 YEARS
S/O. PAILY K V , KOLLAMPARAMBIL HOUSE,
KARINILAM P.O. MUNDAKKAYAM,
KOTTAYAM 686 513.
BY ADVS.
SHABU SREEDHARAN
MEENU THAMPI
AMAL STANLY
RESPONDENT/COMPLAINANT :
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031.
P.P PUSHPALATHA M.K
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL. NO. 4990 OF 2021
2
ORDER
Application for regular bail.
2. Petitioner is the first accused in Crime
No.12 of 2020 of Excise Circle Office, Aluva
registered for the offences punishable under
Sections 22(c), 25 and 29 of the NDPS Act.
2. The prosecution allegation is that on
28.11.2020 at about 7.25 am, the Excise parties
found this petitioner along with the other accused
travelling in a Swift Car bearing registration
NO.KL 08 E 9158 through the public road towards
Thrissur. On suspicion, they intercepted the
vehicle and inspected the same. This petitioner as
well the other accused were found in possession of
17 grams of MDMA kept in the driving seat. The
first petitioner was driving the car and the
contraband was found transporting by this
petitioner as well the other accused in
contravention of the provisions of the NDPS Act
BAIL APPL. NO. 4990 OF 2021
and thereby this petitioner and the other accused
were booked for the said offences.
3. The petitioner has been in custody since
28.11.2020.
4. Heard the learned counsel for the
petitioner as well the learned Public Prosecutor.
5. The petitioner is of course aged only 23
years and having no criminal antecedents. But on
perusal of the records, it could be seen that he
was found in possession of the contraband article
of commercial quantity and found engaged in
transporting the same in the car driven by him.
The contraband was actually seized from this
petitioner. The offences alleged against this
petitioner are no doubt grave and serious in
nature.
6. It is pertinent to note that the
investigating agency had completed the
investigation and submitted the charge sheet
before the court in time and now the case is
pending for trial. The lady who was travelling
BAIL APPL. NO. 4990 OF 2021
along with this petitioner, and arraigned as the
third accused has been granted bail but that is
not a ground to infer that this petitioner is also
entitled to be released on bail. The quantity
involved is commercial quantity and therefore, the
rigors of Section 37 of the NDPS Act as well the
other relevant provisions of the Act are
attracted. As the offences alleged against this
petitioner are grave and serious in nature and the
offence is a menace to the society especially to
the youngsters, if he is released on bail there is
every possibility to flee from justice upsetting
the trial of the case. The possibility to repeat
the similar offences, also cannot be ruled out.
Considering the entire facts involved in
this case, I think that it is not just and proper
to release the petitioner on bail at this stage as
the trial court has to proceed with the case
without much delay. Such being the case, this
application stands dismissed. Sd/-
SHIRCY V.
SMA JUDGE
