Dismissed

V.Vijayakumar v. State of Kerala

Kerala HC9 Jul 2012Bail Appl./3703/2012

Case brief

AI extract

What is this about?

This anticipatory bail application was filed by an accused charged under Section 5 of the Explosive Substances Act regarding the transport of ammonium nitrate. The court rejected the contention that ammonium nitrate is not an explosive substance, relying on a Supreme Court precedent. Considering the gravity of the offence, the court refused the relief of anticipatory bail and dismissed the petitio

What did the court decide?

The application for anticipatory bail was refused and the petition was dismissed.

V.Vijayakumar Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN

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MONDAY, THE 9TH DAY OF JULY 2012/18TH ASHADHA 1934

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Bail Appl..No. 3703 of 2012 ()

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CRIME NO.575/2011 OF KOZHINJAMPARA POLICE STATION, PALAKKAD DISTRICT.

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PETITIONER(S)/ACCUSED:

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V.VIJAYAKUMAR, AGED 29 YEARS S/O.VEERASWAMY, 2/58, RAJA VEEDU MINNAMPALLI VILLAGE, VALAPADY TALUK, SALEM DISTRICT TAMIL NADU-636106.

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BY ADV. SRI.NIREESH MATHEW

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RESPONDENT(S)/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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tss

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N.K.BALAKRISHNAN, J.

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- - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 3703 OF 2012

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- - - - - - - - - - - - - - - - - - - - - - - - -

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Dated this the 09^th day of July, 2012

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O R D E R

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The petitioner is the accused in Crime No.575/2011 of Kozhinjampara Police Station, Palakkad District. The offence alleged is under section 5 of the Explosive Substances Act. Apprehending arrest, this petition is filed for anticipatory bail.

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It is alleged that on 03.12.2011 at 9.00 AM, a lorry bearing registration No. TN-28Y 8199, which came from Pollachi, proceeded towards Kozhinjampara without heeding to the signal given by the Police to stop the lorry. Hence the lorry was chased. That lorry was seen abandoned near the check post. It was found to contain 60 plastic sacks each containing 50Kgs of Ammonium Nitrate. It was being transported for the petitioner and he has been arrayed as accused, the prosecution contends. According to the petitioner, the lorry involved in the aforesaid case was sold

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B.A.No.3703/2012

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-2-

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earlier and an agreement to that effect was entered into. But there is no material to show that the lorry was in fact sold to another person and that alleged purchaser had taken delivery of the vehicle. The RC still stands in the name of the petitioner. The contention that the petitioner has no connection with the ammonium nitrate seized, cannot be accepted at this stage. The learned counsel for the petitioner submits that ammonium nitrate is not an explosive substance, but that also cannot be accepted, in the light of the Supreme Court decision in Mohammad Usman Mohammad Hussain Maniyar v. State of Maharashtra [(1981) 2 SCC 443].

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Considering the gravity of the offence, I am not inclined to grant anticipatory bail to the petitioner. Hence it is dismissed.

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N.K.BALAKRISHNAN, JUDGE.

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V.Vijayakumar v. State of Kerala

Case brief

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V.Vijayakumar v. State of Kerala

Case brief

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