Dismissed
Sarun Sajeevan v. State of Kerala
Kerala HCBail Appl./2854/2021
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 25TH DAY OF JULY 2023 / 3RD SRAVANA, 1945 BAIL APPL. NO. 2854 OF 2021
Crime No.9 of 2021 of Ernakulam Circle Office
PETITIONER:
SARUN SAJEEVAN AGED 20 YEARS MANNATTIL CHIRIYIL HOUSE PANANGAD P.O., ERNAKULAM DISTRIC ERNAKULAM, PIN - 682506
BY ADVS. T.K.RAJESHKUMAR SMT.MERSEENA VINCENT SHRI.ASWIN K.R. SHRI.ABHILASH T.M. APARNA SOMARAJAN
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 SUB INSPECTOR OF POLICE PANANGAD POLICE STATION, ERNAKULAM REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 3 THE CIRCLE INSPECTOR EXCISE CIRCLE OFFICE, ERNAKULAM. REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM BY ADV.SRI.M.P.PRASANTH, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.2854/2021
ORDER
Dated this the 25th day of July, 2023
No representation for the petitioner.
crime number is mentioned in the bail application, petitioner is an accused in Crime No.9 of 2021 of Ernakulam Circle Office, alleging commission of offences under Sections 20(b) and 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Learned Public Prosecutor further submits that investigation was completed and final report has been filed and the matter is pending as S.C.No.449 of 2023.
Recording the submission of the learned Public Prosecutor,
this bail application is dismissed for non prosecution.
Sd/-
A. BADHARUDEEN JUDGE
csl
2 issues framed by the court
Whether bail must be granted under Section 439 CrPC when the petitioner fails to appear for hearing and no representation is filed.
Whether the Court has jurisdiction to entertain the bail application which is dismissed for non-prosecution without recording evidence.
SARUN SAJEEVAN
STATE OF KERALA
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court