Citation : 2023 Latest Caselaw 10337 Ker
Judgement Date : 21 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
BAIL APPL. NO. 4865 OF 2023
AGAINST THE ORDER/JUDGMENT IN CMP 565/2023 OF
ADDITIONAL DISTRICT COURT, THRISSUR
(CRIME NO.50/2022 OF THRISSUR EXCISE RANGE, THRISSUR)
PETITIONER/3rd ACCUSED:
SINTO
AGED 29 YEARS, S/O ANTONY,
PERUMAYAN HOUSE, OLLUKKARA VILLAGE,
VETTIKKAL DESOM,
THRISSUR TALUK, PIN - 680651
BY ADV VISHNU BHUVANENDRAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY SMT.NIMA JACOB, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.4865/2023
..2..
MOHAMMED NIAS C.P., J.
---------------------
B.A.No. 4865/2023
---------------------------
Dated this the 21st day of September, 2023
ORDER
This application is filed under Section 438 of the Code of Criminal
Procedure, seeking pre-arrest bail.
2. The petitioner is the 3rd accused in Crime No.50/2022 of
Thrissur Excise Range, Thrissur, for having allegedly committed offences
punishable under Sections 22(c) and 29 of the NDPS Act.
3. The allegation of the prosecution is that, on 13.12.2022 at
around 11.20 p.m, the excise officials recovered 116 g.m of MDMA at
Nellikunnu from the possession of accused Nos. 1 & 2 and thereafter,
based on the confession statement of the 1st accused, the petitioner and
others were made as accused persons.
4. The learned counsel appearing for the petitioner and the
learned Public Prosecutor were heard.
5. Considering that the allegations are made under the
provisions of the NDPS Act and that 17 other cases are registered against B.A.No.4865/2023 ..3..
the petitioner, I do not think this as a fit case for granting anticipatory
bail.
Hence, this application is dismissed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE APA
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