The Court dismissed three joint bail applications filed by accused persons arrested in connection with a crime involving possession of narcotic drugs under Sections 22C and 29 of the NDPS Act. Finding the allegations serious, the Court refused bail.
Bail applications failed and were dismissed.
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 FEBRUARY 2019 / 23RD MAGHA, 1940
Bail Appl..No. 8335 of 2018
AGAINST THE ORDER IN CRL.MP 1856/2018 of I ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM DATED 24-09-2018
CRIME NO. 850/2018 OF MUSEUM POLICE STATION , THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.1:
SASIDHARAN AGED 65 YEARS
S/O. SUKUMARAN, VALIYAVILA PUTHEN VEEDU, CHATHANPARA, THOTTAIKAUD P.O, ALAMCODE, THIRUVANANTHAPURAM.
BY ADVS. SRI.GEORGE SEBASTIAN K. RAJENDRAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031.
PP K A ANAS
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.02.2019, ALONG WITH Bail Appl..32/2019, Bail Appl..8460/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
Bail Appl..No. 8335 of 2018, Bail Appl..No.32 of 2019 & Bail Appl..No. 8460 of 2018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY ,THE 12TH DAY OF FEBRUARY 2019 / 23RD MAGHA, 1940
Bail Appl..No. 32 of 2019
AGAINST THE ORDER IN CRLMP 1901/2018 of I ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM DATED 24-09-2018
CRIME NO. 850/2018 OF MUSEUM POLICE STATION , THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.2:
NAHAS,
AGED 55 YEARS S/O MEERA SAHIB, NAHAS MANZIL, NEAR NES BLOCK, MUDAPURAM, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENTS/STATE AND COMPLAINANT:
PP K A ANAS
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.02.2019, ALONG WITH Bail Appl..8335/2018, Bail Appl..8460/2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 8335 of 2018, Bail Appl..No.32 of 2019 & Bail Appl..No. 8460 of 2018
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY ,THE 12TH DAY OF FEBRUARY 2019 / 23RD MAGHA, 1940
Bail Appl..No. 8460 of 2018
CRIME NO. 850/2018 OF MUSEUM POLICE STATION , THIRUVANANTHAPURAM
PETITIONER/4TH ACCUSED:
SHAJI AGED 48 YEARS S/O.SHAHUL HAMEED, S.A.MANZIL, MUDAPURAM, KIZHUVILAM VILLAGE, THIRUVANANTHAPURAM.
BY ADVS. SRI.M.KIRANLAL SRI.MANU RAMACHANDRAN SRI.R.RAJESH (VARKALA) SRI.T.S.SARATH
RESPONDENT/STATE & COMPLAINANT:
STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PP K A ANAS
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.02.2019, ALONG WITH Bail Appl..8335/2018, Bail Appl..32/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
4
Bail Appl..No. 8335 of 2018, Bail Appl..No.32 of 2019 & Bail Appl..No. 8460 of 2018
C O M M O N O R D E R
[ Bail Appl. 8335/2018 , Bail Appl..32/2019 & Bail Appl..8460/2018 ]
The petitioners are the accused in Crime
No.850/2018 of Museum Police Station,
Thiruvananthapuram District, for offences punishable under sections 22C and 29 of NDPS Act.
Bail Appl..No. 8335 of 2018, Bail Appl..No.32 of 2019 & Bail Appl..No. 8460 of 2018
that they are falsely roped in. Each of them was not in conscious of the possession of drug by the other and the petitioners are roped in for the criminal liability of the coaccused. It was contended by the learned counsel for the fourth accused that the petitioner has no connection with the co-accused except one, who had taken him to the place for the purpose of handing over a loan, which he had sought. It was contended that from his possession drug was not recovered.
Sd/- SUNIL THOMAS, JUDGE
//True Copy// PA to Judge
R.AV
2 issues framed by the court
Whether bail should be granted to accused persons arrested dealing with narcotic drugs under sections 22C and 29 of NDPS Act.
Whether prima facie evidence establishes guilt necessitating refusal of bail.
2 provisions across 1 enactments
SASIDHARAN
NAHAS
SHAJI
STATE OF KERALA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
