Court dismissed second regular bail application of minor accused charged with ganja possession under NDPS Act, finding no material change in circumstances and risk of committing similar offences.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 20TH DAY OF JULY 2016/29TH ASHADHA, 1938
Bail Appl..No. 4636 of 2016
CRIME NO. 668/2016 OF KONNI POLICE STATION, PATHANAMTHITTA
PETITIONER(S)/ACCUSED:
MANIKANDAN, AGED 17 YEARS, S/O MURUKAN, MELETHERUVIL, 724/4, RAJAPALAYAM, TAMILNADU, REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN, SANGARESHVARI, AGED 35 YEARS, W/O MURUKAN, MELETHERUVIL, 724/4, RAJAPALAYAM, TAMIL NADU.
BY ADVS.SRI.S.SHANAVAS KHAN SMT.S.INDU
RESPONDENT(S)/COMPLAINANT:
THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.REMA R.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
P. UBAID, J.
B.A.No.4636 of 2016
Dated this the 20th day of July, 2016
The petitioner herein is the first accused in Crime No.668 of 2016 of the Konni Police Station, registered under Sections 20(b), (II) B of the NDPS Act. He seeks regular bail under Section 439 of the Code of Criminal Procedure. This is the petitioner's second application for regular bail. His first application was dismissed by this Court on 31.05.2016.The petitioner has been in judicial custody since 16.04.2016.
2
B.A.No.4636 of 2016
still in progress, and that if the accused is now released, he will definitely obstruct the investigation.
In the result, this application for bail is dismissed.
Sd/P. UBAID, JUDGE
sd
// True Copy // P.A. to Judge
2 issues framed by the court
Whether the petitioner, a minor accused of possessing ganja under NDPS Act, should be released on regular bail.
If bail would be antithetical to the interests of justice due to risk of re-offending and investigation obstruction.
2 provisions across 2 enactments
MANIKANDAN
STATE OF KERALA
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
