Kerala HC denied bail to a petitioner accused under the NDPS Act. The court held there was no material to show the accused was not guilty or unlikely to commit offenses on bail, necessitating denial under Section 37(b)(ii) of the NDPS Act.
Bail application dismissed; Bail denied to the accused petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931
Bail Appl..No. 5263 of 2009() -------------------------------------------CR.2/2009 of SPL. COURT (NDPS ACT CASES), THODUPUZHA CR NO.2/2009 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, IDUKKI.
PETITIONER/ACCUSED:
RAVI,S/O.RAMAR, DOOR NO.23,THANDAL SURULLANDI STREET, MELE GUDALLOOR,THENI DISTRICT,TAMIL NADU.
BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR
RESPONDENT/ COMPLAINANT:
STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.
SRI. TEKCHAND, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T. SANKARAN, J.
B.A. No. 5263 of 2009
Dated this the 22nd day of October, 2009
O R D E R
This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.2/2009 of Excise Enforcement and Anti Narcotic Special Squad, Idukki..
B.A. No. 5263/2009
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and that he is not likely to commit any offence while on bail. There is no material to come to the conclusion that there are reasonable grounds for believing that the accused is not guilty. There is also no material to come to the conclusion that the petitioner is not likely to commit any offene, while on bail.
For the aforesaid reasons, the Bail Application is dismissed.
K.T. SANKARAN, JUDGE
scm
1 issue framed by the court
Whether bail should be granted to the accused when the court finds no material to believe he is not guilty or that he is not likely to commit an offence while on bail.
3 provisions across 2 enactments
Ravi
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
