Kerala High Court
Biju M.S vs State Of Kerala on 8 November, 2017
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2017/17TH KARTHIKA, 1939
Bail Appl..No. 7736 of 2017 ()
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CRIME NO. 1774/2017 OF PUTHENCRUIZ POLICE STATION,
ERNAKULAM DISTRICT
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PETITIONERS/ACCUSED (IN CUSTODY):
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1. BIJU M.S., AGED 36 YEARS, S/O. SEBASTIAN,
VARISSERIL HOUSE, PATHAMMILE,
VADAYAMPADY P.O., PIN - 682 308.
2. SUSEELA, AGED 35 YEARS, D/O. SURENDRAN,
KUZHIMURI PEEDIKAPARAMBIL HOUSE,
RAMAMANGALAM, PIN - 686 663.
BY ADV. SRI.DILISH JOHN
RESPONDENT/COMPLAINANT :
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STATE OF KERALA
REPRESENTED BY SUB INSPECTOR OF POLICE,
PUTHENCRUZ POLICE STATION, THROUGH THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
BY PUBLIC PROSECUTOR SRI. SAJJU S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 08-11-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
bp
RAJA VIJAYARAGHAVAN V, J
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B.A No.7736 of 2017
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Dated this the 8th day of November, 2017
ORDER
1. This application is filed under Section 439 of the Code of Criminal Procedure.
2. The petitioners herein are the accused Nos. 1 and 3 in Crime No.1774 of 2017 of Puthencruz police station, registered alleging offence punishable under Section 20
(b)(II)B of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3.According to the prosecution, on 13.10.2017 at about 9.00 a.m., the Sub Inspector of Police, Puthencuriz Police Station intercepted a vehicle during routine patrol duty and the students who were found inside were found possessing Ganja. Interrogation revealed that the Ganja was supplied to them by the petitioners herein. Later in the day at 2.p.m. the premises of the petitioners were searched and 1.276 kgs of dry ganja was seized. They were arrested then and there. The 2nd B.A No.7736 of 2017 2 accused who also is a prominent member of the nefarious gang took to his heels and he could not be arrested.
4.The learned counsel appearing for the petitioners submitted that 1st petitioner is a school teacher and is suffering from delusional disorder. He relies on a certificate issued by a Consultant Psychiatrist of the Santhula Trust Hospital who bring home his point. The 2nd petitioner is innocent according to the learned counsel.
5.The learned Public Prosecutor opposed the prayer and submitted that the investigation is in the early stages and the 2nd accused has not been arrested.
6. I have considered the submissions. Annexure-A1 would reveal that the 1st petitioner is a person who is undergoing treatment for cannabis dependence. This would by itself demolish his case that he is totally innocent. I find merit in the submission of the learned Public Prosecutor that release of the petitioners at this stage would adversely effect the strenuous efforts B.A No.7736 of 2017 3 initiated by the investigating agency to trace out the source of the contraband. They cannot be enlarged on bail at this stage.
I find no merit in this petition and the same will stand dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE //TRUE COPY// P.A. TO JUDGE AD