Allowed

Arunkumar v. State of Kerala

Kerala HC16 Aug 2016Bail Appl./5761/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application filed by an accused charged under the NDPS Act and Juvenile Justice Act for possessing ganja allegedly intended for school children. The court held the allegation prima facie fell under the bailable provision and granted bail with conditions.

What did the court decide?

Bail granted on executing a bond with two solvent sureties for Rs. 40,000 each, subject to reporting and area restrictions.

Arunkumar Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2016)

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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 P.UBAID

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TUESDAY, THE 16TH DAY OF AUGUST 2016/25TH SRAVANA, 1938

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Bail Appl..No. 5761 of 2016 () ------------------------------CRIME NO. 745/2016 OF VATTAPPARA POLICE STATION, THIRUVANANDAPURAM DISTRICT

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PETITIONER/ACCUSED :

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

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ARUNKUMAR, S/O.SUDHINAM,

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AGED 21 YEARS,NETTARACHIRA LEKSHAM VEEDU, MUNDELA P O,KOKKOTHAMANGALAM WARD, ARUVIKKARA VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.LATHEESH SEBASTIAN

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RESPONDENTS/STATE AND COMPLAINANT :

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031.

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2. SUB INSPECTOR OF POLICE,

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VATTAPPARA POLICE STATION, THIRUVANANTHAPURAM DISTRICT., PIN-695001.

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R1 & R2 BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.UBAID, J.

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B.A No.5761 of 2016

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~~~~~~~~~~~

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Dated this the 16^th August, 2016

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O R D E R

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The petitioner herein is the sole accused in Crime No.745 of 2016 of the Vattappara Police Station registered under Section 20 (b) (ii) (A) of the NDPS Act and under Section 77 of the Juvenile Justice (Care and Protection of Children) Act. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The petitioner has been in judicial custody since 27.07.2016.

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The prosecution case is that, on 27.07.2016, the petitioner was found in possession of a small quantity of 30.570 gms of Ganja contained in six small packets, meant for sale to school children below 18 years. Of course mere possession of that much quantity of Ganja will come only under Section 20(b)(ii)(A) of the NDPS Act, and it is bailable. But here the allegation is that the accused possessed that small quantity for sale to school children. What is punishable under Section 77 of the Juvenile Justice (Care and Protection of Children) Act is delivery of any intoxicating liquor or narcotic drug or tobacco product or

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B.A No.5761 of 2016

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psychotropic substance to any child below 18 years, or causing such materials to be given to such a child. Here there is no definite allegation that any quantity of Ganja was sold by the petitioner to any child below 18 years. Whether the petitioner possessed the small quantity of Ganja for sale to school children, or for own use, or whether he had sold any quantity of Ganja to any child below 18 years, is a matter for decision on trial. Prima facie it appears that the allegation comes only under Section 20(b) (ii) (A) of the NDPS Act. In the above factual situation, I feel it inappropriate to deny bail to the petitioner. Whether he has committed any non-bailable offence, is yet to be made out. The facts so far revealed by the prosecution records will not make out such a non-bailable offence.

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In the result, this application for bail is allowed. The petitioner will be released on bail on his executing a bond with two solvent sureties for 40,000/- (Rupees Fourty₹ thousand only) each to the satisfaction of the learned Magistrate or the learned Special Judge having jurisdiction as the case may be. Bail is granted on condition that;

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B.A No.5761 of 2016

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a. The petitioner shall report before the Investigating Officer between 10.00 am and 11 a.m on all Mondays for a period of three months.

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b. The petitioner shall not enter the jurisdictional limits of the Thekkada Village of the Thiruvananthapuram Revenue District, during the said period.

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c. The petitioner shall not involve in any offence under the NDPS Act or under the Kerala Abkari Act, or under the Juvenile Justice (care and Protection of Children) Act till trial of the case is over.

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Sd/- P.UBAID JUDGE

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/True copy/

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P.S to Judge

Arunkumar v. State of Kerala

Case brief

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Arunkumar v. State of Kerala

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