Muhammed Fayis P vs State Of Kerala
2021 Latest Caselaw 15736 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE K.HARIPAL
       FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                       BAIL APPL. NO. 5290 OF 2021
    IN CRIME NO. 91 OF 2021 OF ADHUR POLICE STATION, KASARAGOD
                                  DISTRICT
 AGAINST THE ORDER/JUDGMENT IN CRMP 1605/2021 OF DISTRICT COURT &
  SESSIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KASARAGOD, KASARGOD
PETITIONER/2ND ACCUSED:

            MUHAMMED FAYIS P.
            AGED 30 YEARS
            S/O.KUNHAMMAD, KANDATHIL SCHOOL QUARTERS, MEENAPPEES,
            KANHANGAD, HOSDURG TALUK, KASARAGOD DISTRICT - 671 531.

            BY ADV JOSEPH SEBASTIAN (KOLLAM)



RESPONDENT/COMPLAINANT:

            STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM - 682 031 (REPRESENTING STATION HOUSE
            OFFICER, ADHUR POLICE STATION, KASARGD DISTRICT).




            SR.PP - SMT. SREEJA V.




     THIS   BAIL    APPLICATION    HAVING    COME   UP   FOR   ADMISSION   ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 5290 OF 2021
                                      2

                                  ORDER

Petitioner is the 2nd accused in Crime No. 91 of 2021 of

Adhur police station in Kasaragod district. The crime was

registered on 09.02.2021 at 7.30 am after seizing 48 grams of

MDMA from the possession of the 1st accused, who was travelling

in a car bearing Registration No. KL-60/J-9099. Later, on the

allegation of abetting the crime, accused Nos. 2 to 4 were also

implicated. The petitioner was arrested on 09.02.2021 and since

then is in judicial custody.

2. The learned counsel for the petitioner submits that he

is in custody for the last 172 days. His further detention is not

necessary, that he is prepared to obey any condition imposed by

the Court.

3. The learned Public Prosecutor has strongly opposed

the bail application. According to her, the charge sheet has already

been laid before the Sessions Court, Kasaragod, now it is pending

for trial.

4. After hearing counsel on both sides, I am convinced that the

petitioner is not entitled to get a favourable order. There is BAIL APPL. NO. 5290 OF 2021

statutory injunction on this Court in granting bail as 48 grams of

MDMA involved in the case. The question whether he was

innocent in the case, he has been falsely implicated etc. can be

decided only after taking evidence. Now offence under Sections

22(c) and 29 of the Narcotic Drugs and Psychotropic Substances

Act is alleged against him. The embargo under Section 37 of the

Act is there; so long as the learned public Prosecutor has opposed

the application and having regard to the fact that, the Court cannot

make an opinion, at least at this stage, that he is not guilty the

application lacks merit and is liable to be dismissed. Dismissed.

Sd/-

K.HARIPAL JUDGE RMV/30/07/2021