Kerala High Court
Siddarth vs State Of Kerala on 11 June, 2021
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 11TH DAY OF JUNE 2021 / 21ST JYAISHTA, 1943
BAIL APPL. NO. 3047 OF 2021
CRIME NO.11/2020 OF E.E & A.N.S.S. THIRUVANANTHAPURAM
PETITIONER/S:
SIDDARTH
AGED 22 YEARS
PRARDHANA MRA 81B ANJUMUKKU MUTTADA KUDAPPANAKUNNU
VILLAGE THIRUVANANTHAPURAM
THIRUVANANTHAPURAM, PIN - 695025
BY ADV D.KISHORE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
2 ASSISTANT EXCISE COMMISSIONER EXCISE ENFORCEMENT AND ANTI
NARCOTICS SPECIAL SQUAD
OFFICE OF THE EXCISE ENFORCEMENT AND ANTI NARCOTICS
SPECIAL SQUAD PATTOM MARAPPALAM P.O. THIRUVANANTHAPURAM
THIRUVANANTHAPURAM, PIN - 695004
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.E.C.BINEESH-PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.06.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3047 OF 2021 2
O R D E R
Dated this the 11th day of June 2021 Application for regular bail under Section 439 of Cr.P.C. The applicant is the 4th accused in Crime No.11/2020 of Excise Enforcement and Anti Narcotics Special Squad, Thiruvananthapuram for having allegedly committed offences punishable under Sections 8(c), 20(b) (ii) (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act 'for short). This is a second application filed by the applicant. His earlier application B. A No.813/2021 was dismissed on 10.02.2021 and he has approached this Court again seeking indulgence on the part of this Court to grant him bail because he has been in custody since 28.09.2020 and that the trial is likely to be protracted because of the pandemic situation.
2. The specific allegation of the prosecution is that the Circle Inspector of the Excise Enforcement and Anti Narcotics Special Squad received reliable information regarding transporting of narcotic drugs from Andhra Pradesh to Kerala and on 22.09.2020 near Balaramapuram, the Circle Inspector and his party lay- in- BAIL APPL. NO. 3047 OF 2021 3 wait for the accused and intercepted two Innova cars bearing registration Nos. KL 01 AP 1729 and KL 22 B 1342 and arrested accused Nos.1 to 3. One of the persons, who was inside the car, is identified to be the applicant fled away from there. He was later arrayed as the 4th accused. Statements have been given by the co-accused regarding the involvement of the applicant and his mobile phone and the other mobile phones were seized. During the investigation, it was revealed that there were WhatsApp messages revealing the involvement of the applicant in this crime.
3. The learned counsel appearing for the applicant submits that apart from the aforesaid WhatsApp message there is no other concrete evidence to implicate the applicant in the crime. Therefore, he is entitled to bail.
4. It is well settled that successive bail applications can be entertained only if there is a change of circumstances. The fact that the applicant was impleaded as an accused because of the WhatsApp messages connecting him with the rest of the accused is a fact which has already been considered and answered in favour of the prosecution for the purpose of refusing the bail. A huge quantity of 203 kg of ganja was seized from the vehicles. BAIL APPL. NO. 3047 OF 2021 4 Considering the gravity of the offence the earlier bail application was dismissed and there are no grounds which would satisfy this Court about the twin conditions required under Section 37(1) (b)
(ii) of the NDPS Act to grant bail to the applicant and find him not guilty at this stage. The application for bail is therefore dismissed.
SD/-
ASHOK MENON JUDGE rmm