This bail application by an accused charged with possessing MDMA was dismissed. The Court rejected the plea, noting the petitioner's involvement in four separate NDPS crimes involving intermediate and commercial quantities, deeming him a threat to society despite the charge sheet being filed.
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 A. BADHARUDEEN
THURSDAY, THE 9TH DAY OF FEBRUARY 2023 / 20TH MAGHA, 1944
BAIL APPL. NO. 869 OF 2023
CRIME NO.874/2022 OF VALIYATHURA POLICE STATION.
PETITIONER/ACCUSED:
SAJU SONY
AGED 25 YEARS
S/O SONY PATHROSE, TC 87/1262,VALIYATHURA
PETTAH VILLAGE,VALIYATHURA WARD, THIRUVANANTHAPURAM.
KERALA.
BY ADVS.
S.S.VISWAJITH ANAND
PRANAVE R. ARAVIND
RAKHI V.R.
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031
2. SUB INSPECTOR, VALIYATHURA POLICE STATION
BY SR. PUBLIC PROSECUTOR SMT NEEMA T.V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 869 OF 2023 2
ORDER
Dated this the 9th day of February, 2023.
This is an application for regular bail, filed by the sole accused in Crime
No.874/2022 of Valiyathura Police Station.
Public Prosecutor.
and contraband taken into custody. Pursuant to that, crime was registered alleging commission of offence punishable under Section 22(b) of the NDPS Act.
the learned counsel would submit that, the petitioner’s further custody for the
BAIL APPL. NO. 869 OF 2023 3
purpose of investigation is not required and accordingly, he is liable to be released on bail.
the submission that, the petitioner has involvement in 5 crimes, apart from the present crime and 3 out of 5 are under the NDPS Act. It is submitted further that, altogether the petitioner has involvement in 4 NDPS crimes, 3 are pertaining to intermediate quantity and 4th one involves commercial quantity.
Following are the crimes highlighted by the learned Public Prosecutor:
| SL.NO. | POLICE STATION | CRIME NO. | SECTION |
|---|---|---|---|
| 1 | Valiyathura PS. | 1809/2016 | 27(b) of NDPS Act |
| 2 | Valiyathura PS. | 1971/2020 | 143, 147, 149, 188, 283 |
| IPC & Sec 117(e) of KP Act |
|||
| 3 | Valiyathura PS. | 344/2022 | 27(b) of NDPS Act |
| 4 | Thiruvallam PS | 346/2020 | 160 IPC |
petitioner is a person, having involvement in 4 NDPS crimes and 3 out of 4 are pertaining to possession of intermediate quantity and the 4th one is pertaining
to possession of commercial quantity. Thus, it appears that the petitioner has
BAIL APPL. NO. 869 OF 2023 4
no respect to law and on getting released on bail in one crime, he had repeated commission of similar or serious crimes and would be a threat to the
society, as a whole. If the petitioner of such a stature will be released on bail, he definitely will involve or indulge in future crimes. Therefore, this petition deserves no merit and the petitioner is liable to be tried, keeping him in custody.
Accordingly, the bail application is dismissed.
Sd/A. BADHARUDEEN JUDGE
Bb
//TRUE COPY//
PA TO JUDGE
2 issues framed by the court
Whether the petitioner is entitled to regular bail considering prior NDPS convictions.
Whether the petitioner's history of multiple criminal charges, particularly under the NDPS Act, negates bail eligibility.
2 provisions across 2 enactments
Saju Sony
State of Kerala
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court