Kerala High Court
Eldin Jacob vs State Of Kerala on 10 August, 2016
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 10TH DAY OF AUGUST 2016/19TH SRAVANA, 1938
Bail Appl..No. 5578 of 2016 ()
-------------------------------
CRIME NO.477/2016 OF AROOR POLICE STATION, ALAPPUZHA DISTRICT.
........
PETITIONER/ACCUSED NO.2:
-----------------------
ELDIN JACOB,S/O.C.R.JACOB,
AGED 27 YEARS, CHEMMASSERY HOUSE,
PARUR P.O., ERNAKULAM.
BY ADVS.SRI.SHAIJAN C.GEORGE
SRI.C.K.SAJEEV
SRI.M.T.AJITH
SMT.S.REKHA KUMARI
RESPONDENT(S)/COMPLAINANT:
--------------------------
1.STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA-682031.
2.INSPECTOR OF POLICE,
KUTHIATHODE CIRCLE, ALAPPUZHA-688538.
BY PUBLIC PROSECUTOR SMT.REMA.R
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 10-08-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
mbr/
P.UBAID, J.
============================
B.A.No.5578 of 2016
============================
Dated this the 10th day of August, 2016
ORDER
The petitioner herein seeks regular bail under Section 439 of the Code of Criminal Procedure in Crime No.477 of 2016 of the Aroor Police Station, registered under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act. The application filed by him for regular bail was dismissed by the learned Sessions Judge, Alappuzha on 23.07.2016. The petitioner has been in judicial custody since 14.06.2016.
2. The prosecution case is that on 13.06.2016, he was found in possession of 4.55 gms of Methylin Dioxide Methetamine (MDMA), and 46 mg of Lyseric Diethyllemide (LSD). He was arrested on the spot, and the contraband articles were seized as per mahazar. His application for bail was dismissed by the learned Sessions Judge, Alappuzha on 23.07.2016.
3. On hearing both sides, and on a perusal of B.A.No.5578 of 2016 2 the materials, I find it really unsafe to grant bail to the petitioner. It is true that the quantity of articles seized from his possession is in between the small quantity and the commercial quantity. But the contraband seized from his possession is sufficient to spoil and ruin the life of hundreds of persons. The offences under the NDPS Act are on the increase these days in Kerala, especially in this district. Persons involved in such offences cannot be indiscreetly granted bail. The petitioner's involvement in other crimes, and also source of the articles, will have to be thoroughly probed into. I am not inclined to release him on bail at this stage, when there is the possibility of investigation being obstructed. This order will not stand in the way of the petitioner seeking statutory bail, in case the police failed to file final report in time.
In the result, this application for bail is dismissed.
Sd/-
P.UBAID, JUDGE rkj //TRUE COPY// P.A. TO JUDGE