High Court of Kerala dismissed a bail application by an accused already on bail, who violated bail conditions by committing new NDPS and POCSO offences, citing a production warrant and remand.
Bail application dismissed; petitioner remanded to judicial custody.
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 SUNIL THOMAS
TUESDAY, THE 12TH DAY OF JANUARY 2016/22ND POUSHA, 1937
Bail Appl..No. 74 of 2016 ()
CRIME NO. 1/2015 OF TIRUR EXCISE RANGE.
PETITIONERS/ACCUSED NO.1:
BADUSHA, S/O. SIDHEEQUE, AGED 48 YEARS, KUNHIMASSAKKANTAKATH, MARAKKADAVU DESAM, PONNANI, MALAPPURAM DISTRICT.
BY ADVS.SRI.K.RAKESH ROSHAN, SMT.THUSHARA.V.
RESPONDENT/STATE:
STATE OF KERALA, (IN CRIME NO.1/2016 OF EXCISE RANGE OFFICE, TIRUR), REPRESENTED BY THE PUBLIC PROSECUTOR, DISTRICT AND SESSIONS COURT, ERNAKULAM-31.
BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
SUNIL THOMAS, J. --------------------------------------B.A.No.74 of 2016
Dated this the 12th day of January, 2016
ORDER
The petitioner is the 1st accused in Crime
No.01/2015 of Tirur Excise Range.
B.A.No.74 of 2016
2
present case got cancelled by its own force, he seeks bail.
vehemently contended that, the condition in this case was that he shall not get involved in any other NDPS matter and it was consequent to his arrest in yet another case he was disabled from appearing before the Police Officer and for compliance with the directions therein.
B.A.No.74 of 2016
3
Hence, I find no reason to grant bail to the petitioner.
The bail application is accordingly dismissed.
Sd/- SUNIL THOMAS, JUDGE
//TRUE COPY//
P.A. TO JUDGE
AD
1 issue framed by the court
Whether bail conditioned on non-involvement in other NDPS offences should be granted to an accused involved in multiple other NDPS and POCSO cases.
2 provisions across 2 enactments
Badusha
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
