AMALSHA @ FAIZI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed by the 1st accused in Crime No.304 OF 2021 of Sakthikulangara Police Station, now pending as S.C.No.1409/2021 on the file of the Special Court (Additional Sessions Court-IV, Kollam), where he is alleged to have committed offences punishable under Ss. 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short). He impugns order in Crl.M.P.No.165/2022 in Bail (T).No.216/2021 dtd. 24/5/2022 in the above case, whereby the learned Sessions Judge cancelled the bail granted to the petitioner.

(2.) Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

(3.) It is submitted by the learned counsel for the petitioner that Crime No.304/21 of Sakthikulangara Police Station was registered against the petitioner alleging commission of offences punishable under Sec. 22(b) and 29 of the NDPS Act, where the accused was granted bail on conditions. Thereafter, the prosecution filed present Crl.M.P.No.165/2022 to cancel the bail granted to the accused under Sec. 439(2) of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C' for convenience) contending that the petitioner herein violated the bail condition not to involve in other crimes and subsequently the petitioner got involved in 2 more crimes, after granting bail in Crime No.304/2021. The learned Special Judge as per the impugned order cancelled the bail on the finding that the petitioner got involved subsequently in Crime No.7/2022 of Chathannoor Police Station alleging commission of offences punishable under Ss. 294(b), 341, 323 and 34 of the Indian Penal Code (hereinafter referred to as 'IPC' for short) and also Crime No.63/2022 of Chathannoor Police Station alleging commission of offences punishable under Ss. 341, 363, 323, 324 and 308 r/w 34 of IPC.