High CourtsSingle Bench(2022) 06 KL CK 0304

Anagesh K V vs State Of Kerala

High Court Of Kerala · Decided on 24 June 2022

HON’BLE JUDGES
Viju Abraham, J
RESULT
Dismissed
CASE NUMBER
Bail Application No. 3602 Of 2022

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Judgment

7 paragraphs · 269 words

Viju Abraham, J

1.

This is an application for anticipatory bail.

2.

The petitioner is accused No.5 in Crime No. 1112/2020 of Chevayoor Police Station, alleging commission of offence punishable under Sections 20(b)(ii) (B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

3.

The prosecution allegation is that, on 17.09.2020, at about 9:00 pm, while the Chevayoor Police was engaged in patrolling duty, they had found accused no. 1 to 4 in possession with 6.410 kg of dry ganja in a car bearing registration number KL 14L 8899. The accused were arrested and taken to Police custody. The prosecution also alleges that while questioning accused no. 1 to 4, it was revealed that they had been doing large scale procurement and supply of Ganja at the instance of the petitioner.

4 .The learned counsel for the petitioner submitted that he has absolutely no role in the alleged offence and that, he has been falsely implicated in the above said crime. Though the petitioner moved an application for bail before the Special Court (NDPS Act Cases), Vadakara, the same was rejected by Annexure A2.

5.

The learned Public Prosecutor, upon instructions, submitted that the other accused along with the petitioner converted the contraband articles into small packets for sale, at the house taken on rent by the petitioner, and the petitioner has active involvement in the alleged crime.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the seriousness of the case, I am not inclined to grant anticipatory bail to the petitioner and accordingly, the bail application is dismissed.