IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 3932 of 2007()
1. RAJESH, S/O NARAYANAN,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.A.C.DEVY
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :29/06/2007
O R D E R
R.BASANT, J.
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B.A.No.3932 of 2007
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Dated this the 29th day of June 2007
O R D E R
Application for anticipatory bail. The petitioner, the second
accused faces allegations under the N.D.P.S Act. 10.6 Kgs of
Ganja was allegedly found in the possession of the petitioner and
his friend who were proceeding on a motor cycle at 7.20 p.m on
2/6/2007. The friend was apprehended with the contraband
article. The petitioner was not available for arrest. In the F.I.R
registered and in the seizure mahazor, the name of the petitioner
is shown clearly. The co-accused was arrested. He continues in
custody. According to the petitioner, he is absolutely innocent.
Totally false allegations are raised against him without any
justification. In these circumstances, it is prayed that
anticipatory bail may be granted to the petitioner. The learned
Public Prosecutor opposes the application. Sufficient data
incriminating the petitioner and pointing to his culpability have
been collected, submits the learned Public Prosecutor.
B.A.No.3932/07 2
2. I shall scrupulously avoid any detailed discussion on
the acceptability of the allegations and the credibility of the data
collected. Suffice it to say that I am satisfied that this is not a fit
case where the equitable discretion under Section 438 Cr.P.C
can or ought to be invoked in favour of the petitioner. This is a
fit case where the petitioner must resort to the ordinary and
normal procedure of appearing before the investigating officer
or the learned Magistrate having jurisdiction and then seek
regular bail.
3. This petition is, in these circumstances, dismissed.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
B.A.No.3932/07 3
B.A.No.3932/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007