Kerala High Court
Mohammed Ajinas M.K vs State Of Kerala on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 3053 OF 2024
CRIME NO.731/2022 OF Kannur Town, Kannur
AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. NO.5207 OF 2022 OF
HIGH COURT OF KERALA
PETITIONER:
MOHAMMED AJINAS M.K
AGED 24 YEARS
S/O. ABDULLA, M.K.HOUSE, KOLATHUVAYAL, ANCHAMPEEDIKA
P.O, KANNUR DISTRICT, PIN - 670331
BY ADVS.
K.ABOOBACKER SIDHEEQUE
VIPIN SURENDRAN
RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM DISTRICT, PIN - 682031
PUBLIC PROSECUTOR C.K.SURESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 3053 of 2024 2
VIJU ABRAHAM, J.
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B.A. No. 3053 of 2024
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Dated this the 19th day of April, 2024
ORDER
The above bail application has been placed before me by another learned Judge since the earlier bail application was considered by this Court as per Annexure A1 order.
2. Petitioner is the sole accused in Crime No.731 of 2022 of Kannur Town Police Station, Kannur District registered alleging commission of offences punishable under Sections 20(B)(IIA) and 22(C) of the Narcotics Drugs and Psychotropic Substances Act 1985 (in short, "NDPS Act").
3. The prosecution case is that on 25.05.2022 at about 3.30 a.m., while the police party was conducting night patrolling duty, the accused was found in possession of 20 grams of MDMA and 11 bottles of hashish oil for sale in a vehicle bearing Registration No. KL59 T 2390 in front of Kailash Hotel Yogashala Road, Kannur and thus committed the abovesaid offences. B.A. No. 3053 of 2024 3
4. After considering the facts and circumstances of the case, this court granted bail to the petitioner as per Annexure A1 order on conditions including a condition that he shall not get involved in any other crime while on bail. Petitioner submits that for the alleged involvement in another crime thereafter, i.e., Crime No. 236 of 2023 of Valapattanam Police Station for the offence punishable under Sections 392, 323, 364A and 365 r/w Section 34 IPC, the bail granted was cancelled by Annexure A2 order. Petitioner submits that he was released on bail in the said crime by the Sessions Court, Thallassery on 25.05.2023 in Crl. M.C. No. 911 of 2023. Petitioner further submits that after cancellation of the bail as per Annexure A2 order, he is in custody from 12.03.2024 onwards. Though he moved the Special Court seeking bail, the same was rejected by Annexure A3. Petitioner further submits on the basis of the judgment of the Apex Court in X v. State of Telangana and Others, (2018) 16 SCC 511 that bail once granted should not be cancelled in a mechanical manner. B.A. No. 3053 of 2024 4
5. Learned Public Prosecutor opposed the application for bail and submitted that since he has violated the conditions in the bail order, there is every chance for him to get involved in other crimes and to abscond since he did not surrender pursuant to Annexure A2 order whereby his bail was cancelled.
6. The petitioner is in custody from 12.03.2024 onwards. He has been granted bail by the Sessions Court Thallasery in the crime he was subsequently involved after he has undergone 78 days of confinement.
Considering the above facts and circumstances of the case and that he has already been granted bail in the subsequent crime, I am inclined to grant bail to the petitioner on stringent conditions.
(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional court.
(ii) He shall appear before the investigating officer on every 2nd Saturday at 11.00 am till completion of trial.
(iii) He shall surrender his passport B.A. No. 3053 of 2024 5 before the jurisdictional court. If the petitioner does not have a passport, or he has already surrendered the same, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail.
(iv) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.
(v) He shall not involve in any other crime while on bail.
(vi) He shall appear on all postings before the trial court except specifically exempted by the court.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.731 of 2022 of Kannur Town Police Station, Kannur District may file an application before the jurisdictional court, for cancellation of bail.
Sd/-
VIJU ABRAHAM,JUDGE pm B.A. No. 3053 of 2024 6 APPENDIX OF BAIL APPL. 3053/2024 PETITIONER'S ANNEXURES Annexure-A1 A TRUE COPY OF THE ORDER DATED 10.08.2022 IN BAIL APPLICATION NO. 5207 OF 2022 OF THIS HON'BLE COURT.
Annexure-A2 A TRUE COPY OF THE ORDER DATED 13.10.2023 IN CRL.M.P. NO. 537/2023 OF COURT OF SPECIAL JUDGE (N.D.P.S. ACT CASES), VADAKARA.
Annexure-A3 A TRUE COPY OF THE ORDER DATED 19.03.2024 IN CRL.M.P. NO. 231/2024 OF THE COURT OF SPECIAL JUDGE (N.D.P.S. ACT CASES), VADAKARA Annexure 4 ORDER DATED 10-08-2022 IN BAIL APPL.5207/2022 ON HIGH COURT