High Court of Kerala dismissed bail application of first accused in narcotics case where he was detained under KAAPA and had criminal antecedents. Court held claim of innocence unreliable and disposal unnecessary due to prior detention.
Bail application dismissed; petitioner denied release.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
TUESDAY, THE 15TH DAY OF JANUARY 2013/25TH POUSHA 1934
Bail Appl..No. 26 of 2013 ()
---------------------------CRIME NO. 208/2012 OF ATHOLI POLICE STATION , KOZHIKODE DISTRICT.
PETITIONERS/ACCUSED NO. 1:
KOYOTTY, S/O. UMMAR KUTTY, AGED 58, AREEKKUNNUMMAL HOUSE, PERUVATTOOR (P.O.), KOYILANDY, KOZHIKODE DIST.
BY ADVS. SRI.P.BHARATHAN, SRI.GEORGE MATHEWS.
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31.
BY PUBLIC PROSECUTOR MR.V.S. SREEJITH.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
P. BHAVADASAN, J.
ORDER
Petitioner is the first accused in Crime No.208 of 2012 of Atholi Police Station, who is alleged to have committed offences punishable under Sections 20(b)(ii)(B) of N.D.P.S. Act.
B.A.26/2013. 2
is as much involved as the other accused and that the petitioner is involved in four other crimes and he was also detained under the Kerala Anti-Social Activities (Prevention) Act, 2007. Under such circumstances, petitioner may not be released on bail.
and also the fact that he was detained under the KAAPA also disentitles him from being released on bail at this stage of the case.
This application is accordingly dismissed.
P. BHAVADASAN, JUDGE
sb.
3 issues framed by the court
Whether the petitioner accused under the N.D.P.S. Act can be released on bail despite prior detention under the KAAPA and criminal antecedents.
Whether the claim of innocence by the petitioner is sufficient to grant bail given the seized quantity of drugs.
Whether the petitioner's involvement in other crimes disentitles him from bail.
2 provisions across 2 enactments
Koyotty
State of Kerala
P. Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
