Kerala High Court
Mujeeb N.K. vs State Of Kerala on 7 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 07TH DAY OF MAY 2021 / 17TH VAISAKHA, 1943
Bail Appl..No.3244 OF 2021
CRIME NO.52/2021 OF MAVOOR POLICE STATION,KOZHIKODE DISTRICT
PETITIONER/ACCUSED NOS.1&2:
1 MUJEEB N.K.,AGED 41 YEARS
SON OF ABDURAHMAN,
NADUVILE KALATHIL HOUSE, KARUVAMBRAM P.O.,
MANJERI, MALAPPURAM DISTRICT-676123
2 BIJU T.M.,AGED 45 YEARS
SON OF MATHEW,THOTTUNGAL HOUSE, MADURAI P.O.,
NILGIRI,TAMIL NADU STATE-625001
BY ADV. SRI.K.RAKESH
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
- 682031
2 THE STATION HOUSE OFFICER
MAVOOR POLICE STATION,
KOZHIKKODE DISTRICT - 673661
P.P.SMT.M.K.PUSHPALATHA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.3244 OF 2021 2
P.V.KUNHIKRISHNAN, J
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B.A.No.3244 of 2021
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Dated this the 7th day of May, 2021
ORDER
This Bail Application filed under Section 439 of Criminal
Procedure Code was heard through Video Conference.
2. The petitioners are the accused in Crime No.52/21 of
Mavoor Police Station. The above case is registered against the
petitioners and the other accused alleging offences punishable under
Section 20(b)(ii) (B) of the Narcotic Drugs and Psychotropic
Substances Act (NDPS Act).
3. The prosecution case is that on 12.03.2021 while the
detecting officer was engaged in vehicle checking duty, the accused
were found in conscious possession of 10.510 kg of ganja in a car
bearing Reg.No.KL 18 W 7711, near the gate of Gwalior Rayons at
Mavoor. Hence it is alleged that the accused committed the offence.
The petitioners are in custody from 12.03.2021.
4. Heard the counsel for the petitioners and the Public
Prosecutor. The counsel for the petitioners submitted that the
quantity seized is intermediatory and the petitioners are in custody
from 12.03.2021. The petitioners are ready to abide any conditions, if
this Court grant bail to them. The Public Prosecutor opposed the bail
application.
5. After hearing both sides, I think that bail application can
be allowed on stringent conditions. Admittedly, the quantity seized
from the petitioners is intermidatory quantity of ganja. The
petitioners are in custody from 12.03.2021. Investigation of this case
is almost over. Considering the entire facts and circumstances of the
case, I think that bail can be allowed to the petitioners on stringent
conditions.
6. Moreover, the 2nd wave of COVID-19 is spreading in the
country and the citizens are facing serious difficulties. In the state of
Kerala, the 2nd wave of the pandemic is creating lot of problems and
even the day-to-day life of the citizens are affected. Everyday, about
25,000 people are tested positive with COVID-19. In such
circumstances, this Court has to consider this fact also while
considering bail applications. The life is more important than
anything. Therefore, I am considering this bail application based on
the above pandemic situation.
7. Moreover, considering the need to follow social distancing
norms inside prisons so as to avert the spread of the novel Corona
Virus Pandemic, the Hon'ble Supreme Court in Re: Contagion of
COVID-19 Virus In Prisons case (Suo Motu Writ Petition(C)
No.1 of 2020) and a Full Bench of this Court in W.P(C)No.9400 of
2020 issued various salutary directions for minimizing the number of
inmates inside prisons. These happened during the 1 st wave of COVID-
19 season.
8. Moreover, it is a well accepted principle that the bail is the
rule and the jail is the exception. The Hon'ble Supreme Court in
Chidambaram. P v Directorate of Enforcement (2019 (16)
SCALE 870), after considering all the earlier judgments, observed
that, the basic jurisprudence relating to bail remains the same
inasmuch as the grant of bail is the rule and refusal is the exception
so as to ensure that the accused has the opportunity of securing fair
trial.
9. Considering the dictum laid down in the above decision
and considering the facts and circumstances of this case, this Bail
Application is allowed with the following directions:
1. Petitioners shall be released on bail on
executing a bond for Rs.50,000/- (Rupees Fifty
Thousand only) each with two solvent sureties each
for the like sum to the satisfaction of the
jurisdictional Court.
2. The petitioners shall appear before the
Investigating Officer for interrogation as and when
required. The petitioners shall co-operate with the
investigation and shall not, directly or indirectly
make any inducement, threat or promise to any
person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the
Court or to any police officer.
3. Petitioners shall not leave India without
permission of the jurisdictional Court.
4. Petitioners shall not commit any offence
similar to the offence alleged in this case.
5. The petitioners shall strictly abide by the
various guidelines issued by the State Government
and Central Government with respect to keeping of
social distancing in the wake of Covid 19 pandemic.
6. If any of the above conditions are
violated by the petitioners, the jurisdictional Court
can cancel the bail in accordance to law, even
though the bail is granted by this Court.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
sd
