Dismissed

Vishnu Mani, v. the Sub Inspector of Police

Kerala HC11 Oct 2019Bail Appl./6682/2019

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a bail application filed by a third accused in a narcotics case. The court ordered the applicant to surrender forthwith, allowing the investigation to proceed to locate the source of contraband before considering regular bail on merits.

What did the court decide?

Application dismissed; applicant directed to surrender forthwith to the Investigating officer.

Vishnu Mani, Vs the Sub Inspector of Police — Narcotics (NDPS) | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶4

FRIDAY, THE 11TH DAY OF OCTOBER 2019 / 19TH ASWINA, 1941

¶5

Bail Appl..No.6682 OF 2019

¶6

CRIME NO.1620/2019 OF PERUMBAVOOR POLICE STATION , ERNAKULAM

¶7

PETITIONER/3RD ACCUSED:

¶8

VISHNU MANI, AGED 25 YEARS S/O.MANU, CHENGANON PARAMBIL HOUSE, EAST KALOOR KARA AND P.O., KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT - 685 584.

¶9

BY ADVS. SRI.JOHNSON MANAYANI SRI.JEEVAN MATHEW MANAYANI

¶10

RESPONDENTS / COMPLAINANT:

¶11

1 THE SUB INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION, PERUMBAVOOR P.O., PIN -683 543, ERNAKULAM DISTRICT.

¶12

2 THE STATE OF KERALA, REP. BY ITS STATE PROSECUTOR, HIGH COURT COMPLEX, ERNAKULAM - 682 031.

¶13

OTHER PRESENT:

¶14

SRI. B. JAYASURYA SR. PULIC PROSECUTOR

¶15

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

Bail Appl..No.6682 OF 2019

¶17

..2..

¶18

ORDER

¶19

This application is filed under Section 438 of the Code of Criminal

¶20

Procedure.

¶21

The applicant herein is the 3^rd accused in Crime No.1620 of 2019 of the Perumbavoor Police Station, registered under Section 20(b) (ii)(B) of the Narcotics Drugs & Psychotropic Substance Act, 1985.

¶22

The prosecution allegation is that on 02.08.2019, accused

¶23

Nos. 1 and 2 were found in possession of 14.1 kg of Ganja. They were arrested and the contraband articles were seized. In the course of investigation, it was revealed that the applicant herein is the dealer, from whose possession the narcotics were obtained by the accused Nos.1 and 2. On the next day itself, a report was sent to the jurisdictional Court arraying the applicant as the 3^rd accused.

¶24

The learned counsel appearing for the applicant submitted that the only material available against the applicant is the confessional statement of a co-indictee, which is inadmissible in evidence.

¶25

The learned Public Prosecutor has opposed the prayer. He

¶26

has made available the case diary.

¶27

I have considered the submissions advanced and perused the case diary. I find that the report arraying the applicant herein as

¶28

Bail Appl..No.6682 OF 2019

¶29

..3..

¶30

the 3^rd accused was submitted before jurisdictional Court on the next day of the registration of the Crime. The Investigating officer has been able to collect materials linking the applicant with the crime. At this stage, it will not be proper for this Court to preempt the investigation by arming the applicant with an order of pre-arrest bail as the source of the contraband has to be located.

¶31

I direct the applicant to surrender before the Investigating officer forthwith. After interrogation, he shall be produced before the jurisdictional Court. If an application for regular bail is preferred, the same shall be considered and orders shall be passed expeditiously and on its merits.

¶32

This application is dismissed.

¶33

Sd/-

¶34

RAJA VIJAYARAGHAVAN V.,

¶35

JUDGE

¶36

Bka/11.10.2019

Vishnu Mani, v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Vishnu Mani, v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

George Daniel Vs State of Kerala

Biju C Raju, Vs the State of Kerala

Nanda Gopal Vs State of Kerala

Dhanya.P.K, Vs State of Kerala

Abdul Samad P.K., Vs State of Kerala

Mohammed Ibrahim Vs State of Kerala