Dismissed

Aqeel Usman Ali v. State of Kerala

Kerala HC9 Feb 2021Bail Appl./521/2021

Case brief

AI extract

What is this about?

Common order dismissing two regular bail applications filed under Section 439 Cr.P.C. in an NDPS case involving commercial quantity. The High Court found no change in circumstances given the existence of the Section 37 embargo and commencement of trial, relying on Achint Navinbhai Patel.

What did the court decide?

Bail applications dismissed; trial court directed to expedite trial.

Aqeel Usman Ali Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2021)

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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 ASHOK MENON

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TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

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Bail Appl.No.521 OF 2021

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CRIME NO.426/2020 OF Kondotty Police Station , Malappuram

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PETITIONER/S:

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AQEEL USMAN ALI, AGED 19 YEARS, AMAN HOUSE,NEAR AWH COLLEGE, KALLAI P.O,POKKU HAJI PARAMBU, KOZHIKODE – 673003.

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BY ADV. SRI.R.BINDU (SASTHAMANGALAM)

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RESPONDENT/S:

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

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R1 BY SRI.SANTHOSH PETER SR PP

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OTHER PRESENT:

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.02.2021, ALONG WITH Bail Appl.609/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl.Nos.521 & 609 OF 2021

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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 ASHOK MENON

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TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

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Bail Appl.No.609 OF 2021

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CRIME NO.426/2020 OF Kondotty Police Station , Malappuram

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PETITIONER/S:

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HIJAS, AGED 22 YEARS VEETTILAKATH HOUSE, MANKAV P.O., KOZHIKODE – 673007.

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BY ADV. SRI.MATHEW KURIAKOSE

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RESPONDENT/S:

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

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R1 BY SRI.SANTHOSH PETER SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.02.2021, ALONG WITH Bail Appl..521/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl.Nos.521 & 609 OF 2021

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COMMON ORDER

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[ Bail Appl..521/2021, Bail Appl..609/2021 ] Dated this the 9th day of February 2021

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Applications for regular bail under Section 439 of

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the Cr.P.C.

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The applicant in B.A.No.521/2021 is the 2nd

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accused; while the accused in B.A.No.609/2021 is the

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1st accused in Crime No.426/2020 of Kondotty Police

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Station for having allegedly committed the offences punishable under Sections 22(b)d and (c) of the Narcotic Drugs and Psychotropic Substances Act (for short “the NDPS Act”). The case is now pending as S.C.No.552/2020 on the files of the Special Court for the Trial of Offences under SC/ST (POA) Cases/NDPS cases, Manjeri.

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3. Earlier applications filed by the applicants were both dismissed finding that there is an embargo

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Bail Appl.Nos.521 & 609 OF 2021

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under Section 37 of the NDPS Act in granting bail to

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the applicants, since commercial quantity is involved. The last application was permitted to be withdrawn with liberty to the applicants to approach the trial court in case the matter is being protracted in view of the present pandemic situation. They filed an application before the jurisdictional court and that was dismissed. A report was called for from the court

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below regarding the present status of the case and it is submitted by the learned trial judge that the trial has already commenced and PW1 was examined. It is also stated that the applicants had sought adjournments.

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4. Under the circumstances, I find no reason to

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allow the applications for bail as there is no change in circumstances. The trial court is directed to

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expedite the trial and take it to its logical conclusion at the earliest. The fact that the

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applicants have been in judicial custody pending trial is no reason to grant bail as held in the decision reported in Achint Navinbhai Patel@ Mahesh Shah vs.

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Bail Appl.Nos.521 & 609 OF 2021

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State Of Gujarat, AIR 2003 SC 2172 , wherein the application for bail filed by the accused, who was an undertrial for eight years, was declined bail by the Apex Court as the accused in an NDPS case involving commercial quantity.

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Under the above circumstances, the above bail applications are disposed of with a direction to the trial court to expedite the trial.

Sd/-

ASHOK MENON

dkr

JUDGE

Aqeel Usman Ali v. State of Kerala

Case brief

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Aqeel Usman Ali v. State of Kerala

Case brief

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