Arun Kumar vs State Of Kerala
2021 Latest Caselaw 7965 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE ASHOK MENON

     MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

                       Bail Appl..No.2235 OF 2021

  AGAINST THE ORDER/JUDGMENT IN CRMP 86/2021 DATED 14-01-2021 OF
             DISTRICT COURT & SESSIONS COURT,THRISSUR

    CRIME NO.1032/2020 OF CHALAKKUDY POLICE STATION , THRISSUR


PETITIONER/ACCUSED:

               ARUN KUMAR,
               AGED 33 YEARS,
               KONNAYIL THEKKETHIL VEEDU,
               SAKTHIKULANGARA DESOM,
               SAKTHIKULANGARA VILLAGE,
               KOLLAM DISTRICT
               PIN-691581

               BY ADVS.
               SRI.PRATHEESH.P
               SMT.S.SEETHA
               SMT.ANJANA KANNATH

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA,
               ERNAKULAM
               PIN-682031

      2        STATION HOUSE OFFICER,
               CHALAKKUDY POLICE STATION,
               THRISSUR
               PIN-680307

               R1 BY PUBLIC PROSECUTOR

OTHER PRESENT:

               SRI.SANTHOSH PETER - SR.PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION            ON
08.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 B.A.No.2235 OF 2021

                                            2




                                      ORDER

Dated this the 08th day of March, 2021

APPLICATION FOR REGULAR BAIL

This is the third successive application for bail filed by

the accused in Crime No.1032 of 2020 of Chalakkudy Police

Station, Thrissur, for having allegedly committed offences

punishable under Sections 22(b) (ii) C of the Narcotic Drugs and

Psychotropic Substances Act, 1985 (for short the "NDPS Act").

The prosecution case, in brief, is this:

2. On 12.08.2020, at about 6.00 AM, the accused was

found transporting 138.350 Kgs of ganja in a container lorry

bearing Reg.No.KL 42H 672. He was intercepted by the Police

party at Chalakkudy Port Junction, on getting discreet

information and he was arrested and the contraband seized.

The applicant states that he is not well. He has no criminal

antecedents. He has a family to look after and he is the sole

breadwinner of the family. And, therefore, he seeks indulgence

of this Court.

B.A.No.2235 OF 2021

3. The earlier applications filed by the applicant as

B.A.No.8049 of 2020 and B.A.No.993 of 20201 were dismissed

by this Court, considering the fact that there are no grounds to

believe that the applicant is not guilty or that he will not commit

an offence of similar nature. And, therefore, the embargo under

Section 37 of the NDPS Act is squarely attracted and the

applicant is not entitled to bail.

The final report has already been filed within the

stipulated time and it is pending as S.C.No.3 of 2021 on the files

of the First Additional Sessions Court, Thrissur. There is no other

change of circumstances. And, therefore, the application is

dismissed with a direction to the learned Sessions Judge to

dispose of the case expeditiously.

Sd/-

ASHOK MENON JUDGE

NR/08/03/2021