Disposed

Sabeer v. State of Kerala

Kerala HC23 Mar 2023Crl.MC/1329/2023

Case brief

AI extract

What is this about?

The High Court allowed a Criminal Misc. Case petition filed by the 2nd accused in an NDPS case. It directed the accused to surrender within two weeks with advance notice, permitting the Principal Sessions Court to consider the bail application on the date of surrender itself.

What did the court decide?

The petition was disposed of permitting the petitioner to surrender before the Principal Sessions Court, Palakkad within two weeks after giving advance notice to the Public Prosecutor, with the bail a

Sabeer 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 V.G.ARUN

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THURSDAY, THE 23^RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945

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CRL.MC NO. 1329 OF 2023

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AGAINST THE ORDER/JUDGMENT IN SC 36/2023 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD

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PETITIONER/2ND ACCUSED

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SABEER AGED 23 YEARS S/O. KAJAH HUSSAIN, AKBAR MANZIL, KURUKKALAM, PITTUPEEDIKA KODUVAAYOOR POST PALAKKAD, PIN – 678501

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BY ADVS. T.K.SANDEEP VEENA HARIKUMAR SWETHA R.

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RESPONDENT/COMPLAINANT AND STATE

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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PP SANGEETHARAJ N.R.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. No.1329 of 2023

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O R D E R

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Dated this the 23^rd day of March, 2023

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The petitioner is the 2^nd accused in Crime No.609 of 2022 of Pudunagaram police station registered for the offences punishable under Section 20(b)(ii)(B) of the NDPS Act.

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The prosecution allegation is that, while the petitioner was riding pillion along with the 1^st accused, the motor cycle was intercepted and on search, the 1^st accused was found to be in possession of 4.200 kg of Ganja and Rs.68,400/-. When the vehicle was intercepted and stopped, the petitioner ran away from the spot and hence, he could not be arrested. Therefore, absconding charge sheet was filed. The petitioner has now approached this Court seeking a direction to the Principal Sessions Court, Palakkad to consider his bail application on the date of surrender itself.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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Learned counsel for the petitioner submitted that the petitioner was always available in his locality and no attempt

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Crl.M.C. No.1329 of 2023

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having been made to arrest him, he cannot be termed an absconder.

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5 Learned Public Prosecutor refuted the contentions and submitted that, in spite of strenuous efforts, the petitioner could not be arrested as he was willfully keeping away.

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In my opinion, these are aspects which the learned Special Judge can consider when the petitioner surrenders.

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The Crl.M.C. is therefore disposed of permitting the petitioner to surrender before the Principal Sessions Court, Palakkad in S.C. No.36 of 2023 within two weeks, after giving advance notice to the Public Prosecutor. If the petitioner surrenders within the time granted, the learned Principal Sessions Judge shall consider his bail application and pass appropriate orders thereon, if possible, on the date of surrender itself.

Sd/-

V.G.ARUN, JUDGE

smm

Crl.M.C. No.1329 of 2023

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APPENDIX OF CRL.MC 1329/2023

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PETITIONER ANNEXURES

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Annexure I TRUE COPY OF THE FIR- CRIME NO.609/2022DATED24.10.2022 REGISTERED BY THE PUDUNAGARAMPOLICE STATION Annexure II TRUE COPYOFTHE FINAL REPORT DATED 24.12.2022 IN CRIME NO. 609/2022 Annexure III TRUE COPY OF THE SUMMONS DATED 16.01.2023IN SC 36/2023 BEFORE HON'BLE PRINCIPAL SESSIONS COURT, PALAKKAD

Sabeer v. State of Kerala

Case brief

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Sabeer v. State of Kerala

Case brief

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