The High Court of Kerala dismissed a regular bail application for the fifth accused in an NDPS case. The court held that statutory bail granted to other accomplices due to investigation delay does not apply and dismissed the petition due to prima facie evidence and antecedents.
Bail application dismissed; petitioner remains under detention.
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 ZIYAD RAHMAN A.A.
MONDAY, THE 10TH DAY OF JULY 2023 / 19TH ASHADHA, 1945
BAIL APPL. NO. 1736 OF 2023
CRIME NO.26/2020 OF MALAPPURAM EXCISE ENFORCEMENT & ANTI NARCOTIC SQUAD AGAINST THE ORDER/JUDGMENT IN CRMP 1936/2022 OF SPECIAL COURT (ATROCITIES AGAINST SC/ST), MANJERI
PETITIONER/ACCUSED NO.5:
SARATH REVEENDRAN AGED 33 YEARS S/O REVEENDRAN, PALAKAL HOUSE, PANAYIKULAM, ALANGAD.P.O ERNAKULAM., PIN - 683511
BY ADVS. T.R.KRISHNADAS RAHUL R.PAI
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031
2 EE&ANSS (EXCISE ENFORCEMENT & ANTI NARCOTIC SQUAD) EXCISE CRIME BRANCH DIVISION B BLOCK, CIVIL STATION MALAPARAMBU, KOZHIKODE., PIN - 673020
OTHER PRESENT:
ADV. C.S HRITHWICK, SR.GP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.07.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.1736 OF 2023
2
O R D E R
This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.
BAIL APPL. NO.1736 OF 2023
3
detention. This application for regular bail is submitted in such circumstances.
BAIL APPL. NO.1736 OF 2023
4
Public Prosecutor places reliance upon the statements of CWs 31, 35, 38 and 41 to substantiate the role of the petitioner. Besides the same, it is further pointed out that the petitioner is also involved in a similar crime, registered for the offences punishable under the sections of the NDPS Act. Therefore, the dismissal of the application, was sought.
Accordingly, the Bail Application is dismissed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
shg
BAIL APPL. NO.1736 OF 2023
5
| APPENDIX OF BAIL APPL. 1736/2023 | |
|---|---|
| PETITIONER ANNEXURES | |
| Annexure 1 | TRUE COPY OF THE B DAIRY PROCEEDINGS |
| Annexure II | TRUE COPY OF THE ORDER IN B.A.8506/2022 DATED 10/11/2022 OF THE HONOURABLE HIGH COURT, ERNAKULAM |
| Annexure III | CERTIFIED COPY OF THE ORDER IN CRL.M.P.NO.1936/2022 OF THE SPECIAL COURT FOR SC/ST(POA)& NDPS ACT CASES, MANJERI DATED 23.12.2022 |
| Annexure IV | TRUE COPY OF THE ORDER DATED 14.7.2021 IN B.A.3850/2021 OF THIS HONOURABLE COURT |
2 issues framed by the court
Whether regular bail can be granted to the fifth accused who surrendered and is in judicial custody given that other co-accused obtained statutory bail due to delay.
Whether the presence of prima facie evidence and criminal antecedents negates the necessity of bail despite the final report submission.
2 provisions across 2 enactments
SARATH REVEENDRAN
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
EE&ANSS (EXCISE ENFORCEMENT & ANTI NARCOTIC SQUAD)
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
