Second regular bail application under Section 439 CrPC in an NDPS case involving commercial quantity. Earlier bail application had been rejected. The court found no change in circumstances and dismissed the application.
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 MOHAMMED NIAS C.P. WEDNESDAY, THE 24TH DAY OF JANUARY 2024 / 4TH MAGHA, 1945
BAIL APPL. NO. 457 OF 2024
CRIME NO.4/2023 OF TALIPARAMBA EXCISE RANGE OFFICE, KANNUR
PETITIONER/ACCUSED:
SHAFEEQUE.P.K AGED 36 YEARS S/O.MUHAMMED.M.V, PILAVINTEKEEZHIL HOUSE, NEAR THALIPARAMBA MUNICIPALITY, KANNUR DISTRICT,, PIN - 670141
BY ADVS. M.P.PRIYESHKUMAR SHANAVAS NALAKATH RANDUPURAYIL
RESPONDENT/COMPLAINANT & STATE:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031
SMT.NIMA JACOB, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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BA No.457 of 2024
MOHAMMED NIAS C.P., J.
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BA No.457 of 2024
Dated this the 23rd day of January, 2024
ORDER
This is the second bail application filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
Accordingly, the bail application is dismissed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
dlk/24.1.2024
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BA No.457 of 2024
APPENDIX OF BAIL APPL. 457/2024
PETITIONER'S ANNEXURES
| ANNEXURE 1 | A TRUE COPY THE SPECIAL DATED 25.04. |
OF THE JUDGE 2023 |
ORDER IN CRL.MP 316/2023 OF (NDPS ACT CASES), VADAKARA |
|---|---|---|---|
| ANNEXURE 2 | A TRUE COPY THIS HON'BLE |
OF THE COURT |
ORDER IN BA 3766/2023 OF DATED 05.09.2023 |
| ANNEXURE 3 | ORDER DATED ON HIGH COUR |
05-09- T |
2023 IN BAIL APPL.3766/2023 |
1 issue framed by the court
Whether regular bail should be granted when an earlier bail application was rejected for commercial quantity seizure attracting Section 37 NDPS Act rigour, absent changed circumstances.
2 provisions across 2 enactments
Shafeeqe.P.K
State of Kerala
Mohammed Nias C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
