Muhammed Ashiq vs State Of Kerala

Kerala High Court

Muhammed Ashiq vs State Of Kerala on 14 May, 2024

B.A.3207/24                              1

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                    THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
          TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
                            BAIL APPL. NO. 3207 OF 2024
      CRIME NO.453/2024 OF PALARIVATTOM POLICE STATION, ERNAKULAM
AGAINST       THE    ORDER/JUDGMENT   DATED   IN   CRMC   NO.1029   OF   2024   OF
ADDITIONAL DISTRICT COURT (ADHOC), ERNAKULAM
PETITIONER/ACCUSED:

                MUHAMMED ASHIQ
                AGED 23 YEARS
                S/O SHAHUL HAMEED, PULIPARAMBIL HOUSE, NILAMBOOR P.O.,
                CHATHANKUNNU, CHARAMKULAM, MALAPPURAM DIST., PIN - 679329

                BY ADVS.
                M.J.SANTHOSH
                ANTONY PAUL


RESPONDENT/COMPLAINANT:

                STATE OF KERALA
                REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
                PIN - 682031

                SR. PUBLIC PROSECUTOR SRI. SANGEETH NAIR N.R.

      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.05.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.3207/24                                           2

                                 MOHAMMED NIAS C.P., J
                        ...........................................................
                                      B.A. No.3207 of 2024
                          .............................................................


                          Dated this the 14th day of May, 2024


                                               ORDER

This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

2. The petitioner is the accused in Crime No. 453/2024 of Palarivattom Police Station, Ernakulam district for having committed offences punishable under Sections 8(c), 22(b) and 20(b)(ii)A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act').

3. The prosecution allegation is that, on 24.01.2024 in the early hours, the accused was found in possession of 4.5 grams of MDMA in a room in Moidu 's lodge at Palarivattom Junction and thereby committed the offence. The petitioner was arrested on 21.03.2024 and he is in judicial custody since then.

4. The learned counsel appearing for the petitioner would say that the petitioner is innocent and has been falsely implicated in this crime. At any rate, he points out that the petitioner has been in custody since 21.03.2024, and continued custody of the petitioner is unnecessary.

5. The learned Public Prosecutor opposed the petition. B.A.3207/24 3

6. Taking into account the fact that the quantity of the contraband seized is only 4.5 grams, that the petitioner was in judicial custody since 21.03.2024, the submission of the learned Public Prosecutor that no antecedents are reported against the petitioner and also since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I am inclined to grant bail to the petitioner. Accordingly, this application is allowed and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall report before the Investigating Officer every Saturday between 9 a.m. and 10 a.m. till the final report is laid;

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iv) The petitioner shall not be involved in any other crime while on bail.

(v) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.

Sd/-

MOHAMMED NIAS C.P. JUDGE okb/ B.A.3207/24 4 APPENDIX OF BAIL APPL. 3207/2024 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO. 453/2024 OF PALARIVATTOM POLICE STATION Annexure A2 THE TRUE FREE COPY OF BAIL ORDER IN CRL. M.C. NO.1029/2024 B.A.3207/24 5