The High Court of Kerala dismissed two anticipatory bail applications filed by Sanil, accused under the NDPS Act for involvement in ganja transportation. The court held that the seriousness of the allegations and prosecution inferences precluded the grant of bail.
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 VIJU ABRAHAM
WEDNESDAY, THE 24TH DAY OF AUGUST 2022 / 2ND BHADRA, 1944
BAIL APPL. NO. 2029 OF 2022
PETITIONER/ACCUSED NO.2:
SANIL,AGED 32 YEARS CHARALVILA VEEDU, MANGODU, PULIYOORSALAI VILLAGE, VILAVANCODE TALUK, KANNIYAKUMARI DISTRICT, PIN - 629152
BY ADVS. ARUN CHAND VINAYAK G MENON BHARAT VIJAY P. THAREEQ ANVER K. K.SALMA JENNATH MAJID MUHAMMED K. SREELA S K
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031
2 THE EXCISE INSPECTOR EXCISE RANGE OFFICE, NEYYATINKARA, THIRUVANANTHAPURAM, PIN - 695121
OTHER PRESENT:
PP - SMT. NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.08.2022, ALONG WITH Bail Appl..2371/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos. 2029 & 2371 of 2022 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 24TH DAY OF AUGUST 2022 / 2ND BHADRA, 1944 BAIL APPL. NO. 2371 OF 2022
PETITIONER/ACCUSED NO.2:
SANIL, AGED 32 YEARS S/O SYAMALA, RESIDING AT CHARALVILA VEEDU, MANGODU, PULIYOORSALAI VILLAGE, VILAVANCODE TALUK, KANNIYAKUMARI, PIN - 629152
BY ADVS. ARUN CHAND VINAYAK G MENON THAREEQ ANVER K. K.SALMA JENNATH BHARAT VIJAY P. MAJID MUHAMMED K. SREELA S K
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
PP- NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.08.2022, ALONG WITH Bail Appl..2029/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos. 2029 & 2371 of 2022 3
VIJU ABRAHAM, J.
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B.A. Nos. 2029 & 2371 of 2022
---------------------------------
Dated this the 24th day of August, 2022
ORDER
Applications for anticipatory bail.
BA No.2029 of 2022
of 2021 of Neyyatinkara Excise Range,
Thiruvananthapuram District, registered alleging
commission of offence punishable under Section 20
(b) (ii) (B) of the Narcotic Drugs and Psychotropic
Substances Act, 1985 .
29/05/2021 at about 05:00 p.m., the first accused
along with the petitioner were transporting 1.300
kilograms of ganja, in a Motor Cycle bearing
Registration No.KL–01–AG–6631, near Neyyatinkara Old
Toll Junction and upon seeing the excise party, they
both dropped the vehicle and tried to escape. The
B.A. Nos. 2029 & 2371 of 2022 4
first accused was caught on the same day and the contraband was seized, however the petitioner herein managed to escape and thereby committed the aforesaid offences.
1.300 kilograms of ganja was seized and the investigation revealed the involvement of the
petitioner and he was made an accused.
B.A.No.2371 of 2022
B.A. Nos. 2029 & 2371 of 2022 5
of 2021 of Neyyatinkara Excise Range, Thiruvananthapuram District, registered alleging commission of offence punishable under Section 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
bag and upon seeing the excise party, the first accused become panic and diverted his route and thereafter the excise party followed and stopped the first accused and searched his shoulder bag and found 2 Kg of ganja and he admitted that the same was brought for sale and the remaining contraband was kept in another place and thereafter as per the instructions of the first accused, the excise party came to Sree Muruga Oil Mill, puliyoorshala
B.A. Nos. 2029 & 2371 of 2022 6
junction, Neyyattinkara and seized 3.100 Kg of ganja
from a parked silver Tata Indigo car bearing registration No.KL-7-AQ-9096 and at that time the second accused eloped from the spot and thereby committed the aforesaid offence.
B.A. Nos. 2029 & 2371 of 2022 7
against the petitioner, I am not inclined to grant anticipatory bail to the petitioner.
Accordingly, the above bail applications are dismissed.
sd/-
VIJU ABRAHAM, JUDGE
pm
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner accused of transporting ganja under Section 20(b)(ii)(B) of the NDPS Act.
Whether the petitioner's claim of false implication and poor health warrants relief.
Whether the seriousness of the offence precludes the grant of bail.
1 provisions across 1 enactments
Sanil
State of Kerala
Viju Abraham
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
