Dismissed

Anu Sherin John v. State of Kerala

Kerala HC21 Feb 2023Bail Appl./128/2023

Case brief

AI extract

What is this about?

Application for regular bail under NDPS Act by the 9th accused, wife of the 1st accused, who was arrested on allegations of instigating the husband for ganja business and facilitating fund transfers. The High Court dismissed the application refusing bail at this stage.

What did the court decide?

Bail application dismissed. Order does not bar future bail applications at a later stage.

Anu Sherin John Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2023)

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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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TUESDAY, THE 21^ST DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944

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BAIL APPL. NO. 128 OF 2023

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CRIME NO.1358/2022 OF THALAYOLAPARAMBU POLICESTATION, KOTTAYAM

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PETITIONER/9TH ACCUSED:

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ANU SHERIN JOHN,AGED 26 YEARS D/O JOHN,PUTHUSSERY HOUSE ARPOOKARA VILLAGE, VILLONNI PO, KOTTAYAM, PIN - 686008

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BY ADV V.VISAL AJAYAN

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RESPONDENT/STATE:

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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: RIYAL DEVASSY

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA No.128 of 2023

VIJU ABRAHAM, J.

B.A.No.128 of 2023

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Dated this the 21^st day of February, 2023

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ORDER

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This is an application for regular bail.

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Petitioner is the 9^th accused in Crime No.1358 of 2022

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of Thalayolaparambu Police Station registered alleging commission of offences punishable under Sections 20(b)(ii)C, 22(b), 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “NDPS Act”).

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The gist of the prosecution case is that on 09.10.2022 at about 8.25 a.m. the Sub Inspector of Police, Thalayolaparambu Police Station while conducting vehicle checking at Konginimukku in Mittayikunnam Kara of Vadayar Village on ErnakulamThalayolaparambu public road, accused Nos.1 and 2 came in a blue Ford car bearing registration No. KA 3 NB 3645 from Ernakulam side. 1^st accused was the driver and the 2^nd accused was travelling in the car. The detecting officer had allegedly received a previous information about transporting of ganja for the purpose of sale. Therefore accused Nos.1 and 2 were searched , during the search 1.3 gms of MDMA was seized from the 2^nd accused whereas

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BA No.128 of 2023

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mobile phone, money, ATM card etc. were seized from 1^st accused. On searching the vehicle 92.340 kgs of dried ganja was seen kept in 45 packets in 4 sacks. Thereupon the contraband items were seized and accused Nos.1 and 2 were arrested from the spot. Thus the above crime was registered against them .

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The petitioner has a specific case that she has been arrayed as an accused on an allegation that she has instigated the 1^st accused to do ganja business and transferred money to the account of other accused and it is on the alleged monetary transactions the petitioner was arrayed as an accused and arrested on 26.10.2022. The 1^st accused is the husband of the petitioner and he visited the petitioner at her work place and demanded ATM card and google pay account enabled mobile phone belonging to her .The petitioner on good faith gave the same to the 1^st accused for his personal use. That is the reason why it is alleged that the ATM card and google pay account enabled mobile phone belonging to the petitioner were used for purchasing the contraband substance. Petitioner submits that she has been falsely implicated in the abovesaid case on the basis of misconception about her.

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Learned Public Prosecutor upon instructions submitted this Court had considered the bail application of the petitioner on an earlier occasion and rejected the same as per Annexure-4 order.

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BA No.128 of 2023

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Learned Public Prosecutor further submits that the 1^st accused who is the husband of the petitioner is involved in 23 cases, of which seven cases are registered under the provisions of the NDPS Act and that the investigation so far revealed that the contention of the petitioner that her ATM card and google pay account enabled mobile were used by the 1^st accused is without any basis and that the mobile phone was seized from the petitioner at the time of her arrest and further that the amounts were transferred through the account of the petitioner and on verification of the location, it was found to be the work place of the petitioner and therefore the contention of the petitioner that her ATM card and google pay account enabled mobile were used by the 1^st accused is without any basis. Learned Public Prosecutor further submitted that on examination of CDR, it was found that all the transactions were done either at the work place of the petitioner or at the place where she is residing. Learned Public Prosecutor also submits that the investigation is going on and that the petitioner shall not be released on bail at this stage.

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Considering the facts and circumstances of the case and the nature of the allegations, I am not inclined to grant bail to the petitioner at this stage. The bail application is accordingly dismissed. The dismissal of this bail application will not stand in the

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BA No.128 of 2023

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way of the petitioner moving this Court or the trial court seeking bail,

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on a later stage.

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Sd/-

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VIJU ABRAHAM JUDGE

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cks

Anu Sherin John v. State of Kerala

Case brief

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What did the court decide?

Anu Sherin John v. State of Kerala

Case brief

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