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High Court of KeralaBail Appl./5786/2015dismissed

Vijayan v. Station House Officer

2015-10-05Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 Bail Appl..No. 5786 of 2015 ------------------------------------- CRIME NO. 199/2012 OF PONNANI POLICE STATION, MALAPPURAM ----------------------- PETITIONER(S)/ACCUSED :

--------------------------------------- VIJAYAN, S/O.THAMI, CHERUPARAMBIL HOUSE, SUKUPURAM P O, NEAR NADUVATTOM POLICE STATION.

BY ADVS.SRI.T.G.RAJENDRAN SRI.T.R.TARIN SMT.ANN SUSAN GEORGE SRI.V.A.VINOD RESPONDENT(S)/COMPLAINANT/STATE:

----------------------------------------------------------

1. STATION HOUSE OFFICER, PONNANI POLICE STATION- 679322.

2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.5786 of 2015 -------------------------------------------- Dated this the 5th day of October 2015

O R D E R

Bail application filed under Sec.439 Cr.P.C.

2. Petitioner is the accused in Crime No.199 of 2012 of Ponnani Police station registered for the offences punishable under Secs.20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substance Act. The prosecution case is that on 19.09.2012 at about 3.10 p.m., the Circle Inspector of Police found the petitioner with a big shopper containing 1.27 kgs of ganja wrapped in a brown paper. After complying the formalities, the petitioner was arrested.

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

4. Learned counsel for the petitioner submitted that the petitioner, though involved in another case, has preferred an appeal in this Court and the sentence imposed on him had been suspended.

5. The order passed by the learned Special

Bail Appl. No.5786 of 2015 2 Judge shows that the case in which the petitioner is presently involved is posted for trial. Considering the antecedents of the petitioner and the quantity involved, I am not inclined to grant bail to the petitioner at this stage. The learned Special Judge (N.D.P.S Act cases), Vadakara shall dispose of the matter within a period of three months from today.

The bail application is dismissed with the above observations.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS/05/10/2015 P.A. To Judge