Abid Nazar vs State Of Kerala
2024 Latest Caselaw 4889 Ker

Kerala High Court

Abid Nazar vs State Of Kerala on 9 February, 2024

B.A.449/24                           1

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
         FRIDAY, THE 9TH DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945
                        BAIL APPL. NO. 449 OF 2024
      CRIME NO.756/2022 OF Mattancherry Police Station, Ernakulam
   AGAINST THE ORDER/JUDGMENT Bail Appl. 6138/2023 OF HIGH COURT OF
                                  KERALA
PETITIONER/S:

             ABID NAZAR
             AGED 25 YEARS
             S/O NAZAR, NOOLUVELIL HOUSE, ALAKKODE P O, KANNUR
             DISTRICT, PIN - 670571

             BY ADVS.
             S.RAJEEV
             V.VINAY
             M.S.ANEER
             PRERITH PHILIP JOSEPH
             ANILKUMAR C.R.
             K.S.KIRAN KRISHNAN


RESPONDENT/S:

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

OTHER PRESENT:

             NIMA JACOB, GOVT.PLEADER



      THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
31.01.2024, THE COURT ON 09.02.2024 DELIVERED THE FOLLOWING:
 B.A.449/24                                           2


                                 MOHAMMED NIAS C.P., J
                       ............................................................
                           Bail Application No.449 of 2024
                         .............................................................


                       Dated this the 9th day of February, 2024


                                              ORDER

This is the second application filed by the 6th accused in crime

No.756/2022 of Mattancherry police station, Ernakulam.

2. This Court considered the earlier bail application and found,

considering the report filed by the Prosecutor and the nature of the

accusations against the petitioner, that they were narcotic drug dealers with

inter-state drug mafia. Their modus operandi was also revealed in the report

filed by the investigating officer. The prosecution had also raised a threat that

the petitioner may abscond and destroy the evidence by threatening the

witnesses to withdraw their statements.

Having found the involvement of the petitioner in the crime and also

considering the rigour of Section 37 of the NDPS Act as commercial quantity

was involved and that the earlier bail application was rejected, I do not find

any change of circumstances to consider the bail application or to grant bail to

the petitioner.

Accordingly, the bail application is dismissed.

Sd/-

MOHAMMED NIAS C.P. JUDGE

okb/

APPENDIX OF BAIL APPL. 449/2024

PETITIONER ANNEXURES

Annexure 1 ORDER DATED 10-10-2023 IN BAIL APPL.6138/2023 ON HIGH COURT