Dismissed

B.Anilkumar v. State of Kerala

Kerala HC21 Oct 2016Bail Appl./7348/2016

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a bail application under Section 439 Cr.P.C. filed by an accused charged under the NDPS Act for possessing 21.5 kg of ganja. The court rejected the plea, noting the petitioner's prior dismissed bail application and finding him a member of a drug mafia, deeming continued custody necessary.

What did the court decide?

The application for bail is dismissed; the accused shall continue in custody till trial.

B.Anilkumar Vs State of Kerala — Narcotics (NDPS) | 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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FRIDAY, THE 21ST DAY OF OCTOBER 2016/29TH ASWINA, 1938 Bail Appl..No. 7348 of 2016

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CRIME NO. 183/2016 OF ERNAKULAM SOUTH RAILWAY POLICE STATION, -----------------

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PETITIONER/ACCUSED:

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B.ANILKUMAR, AGED 37 YEARS, S/O.PRAKASH CHANDRA PATRA, BENKAVIHARI NAGAR VILLAGE, WARD NO.17, BERHAMPUR POLICE STATION, GANJAM DISTRICT ODISSA.

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BY ADVS.SRI.RAHUL SASI SMT.NEETHU PREM

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RESPONDENT(S)/COMPLAINANT:

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

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2. STATION OFFICER, ERNAKULAM SOUTH POLICE STATION.

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BY PUBLIC PROSECUTOR SRI K.ANAS

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

K.V.

P.UBAID, J.

B.A.Nos.7348 of 2016

Dated this the 21^st day of October, 2016

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The petitioner herein is the sole accused in

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S.C.No.502/2016 of the Sessions Court (Additional Sessions

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Court-VII), Ernakulam.

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The prosecution case is that on 22.03.2016 the petitioner was found possessing a huge quantity of 21.500 kg of ganja. This is the petitioner's second application for bail under Section 439 Cr.P.C. His first application was dismissed by this Court on 23.09.2016 for sufficient reasons, and also on the finding that his detention in custody is absolutely necessary in the interest of the society. On a perusal of the materials, I find reason believe that the petitioner is the member of a drug mafia involving in the sale and distribution of narcotic drugs and psychotropic substances. Such offences under the NDPS Act are on the increase in the State. The huge quantity of ganja seized from the possession of the petitioner can spoil and ruin thousands of people. The broader interests of the society require and demand that he must continue in custody till trial

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B.A.No.7348 of 2016 2

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of the case is over. I find no reason or circumstance for a different view, from the view taken by this Court on

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23.09.2016, while dismissing the first application.

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In the result, this application is dismissed.

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Sd/P. UBAID, JUDGE

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// True Copy // P.A. to Judge

B.Anilkumar v. State of Kerala

Case brief

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B.Anilkumar v. State of Kerala

Case brief

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