Bail application by second accused in a case involving seizure of buprenorphine was dismissed. The court rejected claims of innocence due to involvement in similar crimes, criminal antecedents, and ongoing investigation, deeming continued custody proper.
Bail application dismissed; continued custody ordered.
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 P.BHAVADASAN
THURSDAY, THE 10TH DAY OF JANUARY 2013/20TH POUSHA 1934
Bail Appl..No. 16 of 2013 ()
(CRIME NO. 1/2012 OF KUTHIYATHODU EXCISE OFFICE, ALAPPUZHA DISTRICT)
PETITIONER/2ND ACCUSED :
ALBERT ANTONY @ KUNJAN SHAIJU AGED 28 YEARS S/O. KUNJAPPAN, ALUNKAL HOUSE CHELLANAM VILLAGE,KOCHI TALUK.
BY ADV. SRI.K.V.SABU
RESPONDENT/COMPLAINANT :
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERANAKULAM.
BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
P.BHAVADASAN, J.
---------------------------------------------------BA No.16 of 2013 ---------------------------------------------------Dated this the 10th day of January 2013
Order
The petitioner is the second accused in Crime No.1/12 of Kuthiyathodu Excise Range for having committed the offences punishable under S.8(c), 22(c) and 29 of the NDPS Act. The prosecution allegation is that on 25.07.2012 at about 3.30 pm, 12 ampules of Buprenorphine were seized by the Excise Officials from the possession of the first accused in the case. During interrogation, it was revealed that the contraband articles were supplied by the petitioner herein and therefore, he was arrayed as the second accused. The learned counsel for the petitioner would submit that he is totally innocent and has been implicated with ulterior motives. At any rate, he has been in custody from 22.09.2012 onwards and since the investigation must have been completed by now, his continued custody is unnecessary. He, therefore, seeks bail.
BA 16/13
2
Buprenorphine were seized from his possession. According to the information of the Investigating Agency, the petitioner is a regular supplier of contraband articles. It is also pointed out that the investigation is still going on.
P.Bhavadasan, Judge
sta
BA 16/13 3
3 issues framed by the court
Whether bail should be granted to the second accused charged with supply of buprenorphine who has criminal antecedents and is involved in similar crime.
Whether the continuation of custody is necessary given the ongoing investigation.
Whether the claim of total innocence can be accepted given the petitioner's involvement in similar contraband crimes
1 provisions across 1 enactments
Albert Antony @ Kunjan Shaiju
State of Kerala Represented by Public Prosecutor
P. Bhavadasan
P. Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
