Kerala High Court
Asheeb Nihal vs State Of Kerala on 15 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 15TH DAY OF JUNE 2021 / 25TH JYAISHTA, 1943
BAIL APPL. NO. 4676 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 965/2021 OF DISTRICT
COURT & SESSIONS COURT, ERNAKULAM, ERNAKULAM
Crime No.368/2021 of Kalamassery Police Station
PETITIONER/S:
ASHEEB NIHAL
AGED 27 YEARS
S/O.ABDUL HAMEED, NH VILLA, MEEPUGIRI, RAMDAS
NAGAR POST, KASARAGOD DISTRICT.
BY ADV A.MOHAMMED
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM-682031.
OTHER PRESENT:
SMT SREEJA V-PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA 4676/2021
2
ASHOK MENON, J.
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BA No.4676 of 2021
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Dated this the 15th day of June, 2021
ORDER
Application for regular bail under Section 439 Cr.PC.
2. The applicant is the sole accused in Crime
No.368/2021 of Kalamassery Police Station for having
allegedly committed offences punishable under Section 22(b)
of the NDPS Act.
3. The prosecution case, in brief, is that on 28.4.2021
at about 4 p.m., the Sub Inspector of Police, Kalamassery
found the accused in possession of 0.580 gms of MDMA near
BA 4676/2021
Sree Subrahmanya Swamy Temple at Vattekkunnam. He was
apprehended and remanded to judicial custody and continues
in remand. The applicant states that he is innocent and the
allegations are not true and that he may be released on bail as
he is in remand since 28.4.2021.
4. Heard the learned counsel for the applicant and the
learned Public Prosecutor.
5. The learned Public Prosecutor points out that the
applicant is a notorious criminal and is involved in two other
crimes, one of which is under the NDPS Act for being in
possession of intermediary quantity of narcotic drugs. Hence,
there is every possibility that in case the applicant is released
on bail, he may get involved in offences of similar nature.
BA 4676/2021
6. After having heard the submissions on both sides, I
find that the quantity involved is only intermediary and even
though applicant has criminal antecedents of similar nature,
the embargo under Section 37 of the NDPS Act would not be
attracted. Stringent conditions can be imposed to see that the
applicant does not involved in offences of similar nature.
In the result, the Bail Application is allowed and the
applicant is directed to be released on bail on execution of a
bond for Rs.1,00,000/- (Rupees One lakh only) with two
solvent sureties, each for the like amount to the satisfaction of
the jurisdictional court and on the following further conditions:
(i) He shall appear before the investigating officer on
all Saturdays between 9 a.m. and 12 noon for a period of three
BA 4676/2021
months
(ii) He shall not attempt to influence or intimidate the
witnesses or tamper with evidence.
(iii) He shall not get involved in similar offences during
the currency of the bail.
In case of breach of any of the bail conditions, the prosecution
shall be at liberty to approach the jurisdictional court for
cancellation of the bail.
Sd/-
ASHOK MENON
JUDGE
jg
