Kerala High Court
Anandu vs State Of Kerala on 11 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 11TH DAY OF JUNE 2021 / 21ST JYAISHTA, 1943
BAIL APPL. NO. 4442 OF 2021
CRIME NO.1526/2020 OF Kodakara Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT IN SC 4/2021 OF DISTRICT COURT & SESSIONS
COURT,THRISSUR, THRISSUR
PETITIONER/S:
ANANDU
AGED 22 YEARS
S/O THILAKAN,
SOONIPARAMBIL HOUSE,
KATTIPOKKAN DESOM,
VELLIKULANGARA VILLAGE,
MUKUNDAPURAM TALUK,
THRISSUR DISTRICT, PIN-680699.
BY ADV N.L.BITTO
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM,
PIN-682031.
SRI. E. C. BINEESH PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.06.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4442 OF 2021 2
O R D E R
Dated this the 11th day of June 2021
Application for regular bail under Section 439 of Cr.P.C.
This is a second application for bail filed by the applicant who
is the 2nd accused in Crime No.1526/2020 of Kodakara Police
Station for having allegedly committed offences punishable under
Section 20(b), (ii) C of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (NDPS Act for short).
2. The prosecution case, in brief, is that on 24.11.2020 at
about 11.45 a.m. on getting discreet information regarding the
transportation of huge quantities of ganja, the Sub Inspector of
Police and his party intercepted vehicles and at Kodakara Junction
the vehicle bearing registration No.KL 64A 1814 driven by the 1st
accused with the applicant as a passenger also was intercepted. On
search, in the presence of a gazetted officer, 54.200 kgs of ganja
were recovered from the vehicle and the accused includes the
applicant, who was arrested and remanded to judicial custody.
3. The applicant states that he is young and he has no
criminal antecedents. He had earlier applied for bail as B.A
No.2372/2021 and the same was dismissed by this Court. The
contention that there was no sufficient compliance of Section 50 of
the NDPS Act was also considered by this Court based on a catena
of decisions rendered by the Honourable Supreme Court. There is
also an embargo under Section 37 of the NDPS Act, which prevents
this Court from granting bail unless the applicant is able to convince
that there are reasonable grounds to believe that the applicant is
not guilty and that he will not get the involvement in similar
nature. The applicant has not produced any material to indicate
that he can reasonably believe that he is not guilty because the
applicant and the 1st accused caught red-handed while they were in
possession of commercial quantity of ganja. The successive bail
applications can be filed but the court while entertaining such
subsequent bail applications has a duty to consider the grounds on
which the bail application was rejected. In such cases, the court
also has a duty to record what are the fresh grounds which
persuade a view different from one taken in the earlier application.
Considering the decision of the Apex Court in Kalyan Chandra
Sarkar v. Rajesh Rajan [AIR 2004 SC 1866] this application for
successive bail cannot be considered because all possible
contentions raised by him have already been considered by this
Court and therefore the applicant is not entitled to bail. However,
considering the fact that the applicant has been in custody, the
trial court is directed to make earnest attempts to dispose of the
matter as expeditiously as possible.
The bail application is dismissed.
SD/-
ASHOK MENON
JUDGE
rmm
APPENDIX OF BAIL APPL. 4442/2021
PETITIONER ANNEXURE
ANNEXURE-1 A TRUE COPY OF THE ORDER IN BA-2372 OF
2021 OF THE HONORABLE HIGH COURT OF KERALA
DATED 30.03.2021.
ANNEXURE-II A TRUE COPY OF THE STATEMENT FILED BY THE
INVESTIGATING OFFICER DATED 24.11.2020.
