Dismissed

Pranav v. State of Kerala Rep by Public Prosecutor

Kerala HC12 Oct 2022Bail Appl./2010/2022

Case brief

AI extract

What is this about?

Justice Viyu Abraham dismissed an anticipatory bail application in a drug possession case. Noting the gravity of the allegations and that a charge sheet was filed, the court declined pre-arrest bail, directing applicants to approach the jurisdictional court.

What did the court decide?

Anticipatory bail application dismissed; directed to approach the jurisdictional court for bail.

Pranav Vs State of Kerala Rep by Public Prosecutor — Narcotics (NDPS) | Kerala HC (2022)

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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 VIJU ABRAHAM

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WEDNESDAY, THE 12^TH DAY OF OCTOBER 2022 / 20TH ASWINA, 1944

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BAIL APPL. NO. 2010 OF 2022

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CRIME NO.2196/2021 OF KUNNAMKULAM POLICESTATION

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PETITIONERS/ACCUSED NO.4 & 5:

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1 PRANAV,AGED 24 YEARS S/O GANESH, VAZHAPILATH HOUSE, CHITTATTUKARA, ELAVALLY, CHAVAKKAD TALUK, THRISSUR - 680507

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2 KIRAN,AGED 24 YEARS S/O SIMON, PULIKKOTTIL HOUSE, PAVARATTY, CHAVAKKAD TALUK, THRISSUR - 680507

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BY ADVS.M.R.SASITH R.K.CHIRUTHA,RAJITHA V.K BHAVANA K.K

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM PIN - 682031

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OTHER PRESENT:

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PP - SMT. NIMA JACOB

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA No.2010 of 2022

VIJU ABRAHAM, J.

B.A. No. 2010 of 2022

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Dated this the 12^th day of October, 2022

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ORDER

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This is an application for anticipatory bail.

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The petitioners are arrayed as accused Nos.4 and 5 in Crime No. 2196 of 2021 of Kunnamkulam Police Station, Thrissur registered alleging commission of offences punishable under Sections 20(b) (ii) (A), 22(b), 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act.

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Prosecution allegation is that on 31.12.2021, at about 12.20 a.m., accused Nos.1 to 3 in the crime were arrested at time when they were possessing 3.67 grams of MDMA, 0.500 kg of ganja and 1.149 kgs of ganja Lehyam at Chemmannur Centre. The allegation leveled against the petitioners is that, they arrived at the place in a motor bike bearing registration No. KL-46-Q-1854 to purchase the contraband articles from accused Nos.1 to 3 and the petitioners on seeing the police party managed to escape from the place and thus the accused committed the abovesaid offences.

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Petitioners submit that they have been falsely implicated in the abovesaid crime and that they were not found in possession of contraband articles. Petitioners further submit that they have no other criminal antecedents.

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BA No.2010 of 2022

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Learned Public Prosecutor upon instruction submitted that

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the petitioners were also inside the car along with the other accused and on seeing the police party, they ran away. As per the statement of other accused, it is the petitioners who ran away and they came to purchase the contraband articles. Learned Public Prosecutor upon instruction further submitted that the charge sheet is already laid in this case.

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Considering the facts and circumstances of the case and the seriousness of the allegations and taking note of the fact that the charge sheet is already laid, I am not inclined to grant pre-arrest bail to the petitioners. It is for the petitioners to approach the jurisdictional court and seek for bail. If an application for bail is filed with prior notice to the Public Prosecutor, the jurisdictional court may consider the bail application preferably on the very same day.

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Sd/- VIJU ABRAHAM JUDGE

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cks

Pranav v. State of Kerala Rep by Public Prosecutor

Case brief

What is this about?

What did the court decide?

Pranav v. State of Kerala Rep by Public Prosecutor

Case brief

What is this about?

What did the court decide?

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