High Court Kerala High Court

Ravi vs State Of Kerala on 22 October, 2009

Kerala High Court
Ravi vs State Of Kerala on 22 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5263 of 2009()


1. RAVI,S/O.RAMAR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.T.A.UNNIKRISHNAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :22/10/2009

 O R D E R
                         K.T. SANKARAN, J.
                      ---------------------------
                      B.A. No. 5263 of 2009
                 ------------------------------------
              Dated this the 22nd day of October, 2009

                             O R D E R

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioner is the accused in

C.R.No.2/2009 of Excise Enforcement and Anti Narcotic Special

Squad, Idukki..

2. The offence alleged against the petitioner is under

Section 21 (c) of the Narcotic Drugs and Psychotropic Substances

Act.

3. The prosecution case is that on 10/8/2009, the

petitioner was found in possession of 1.30 Kgs of Charass. The

contraband involves a commercial quantity.

4. The Bail Application is vehemently opposed by the

learned Public Prosecutor.

5. Section 37(b)(ii) of the Narcotic Drugs and

Psychotropic Substances Act provides that where the Public

Prosecutor opposes the Bail Application, the court must be

satisfied, in order to grant bail, that there are reasonable grounds

for believing that the accused is not guilty of the offence alleged

B.A. No. 5263/2009
2

and that he is not likely to commit any offence while on bail.

There is no material to come to the conclusion that there are

reasonable grounds for believing that the accused is not guilty.

There is also no material to come to the conclusion that the

petitioner is not likely to commit any offene, while on bail.

For the aforesaid reasons, the Bail Application is

dismissed.

K.T. SANKARAN, JUDGE

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