Rimshad vs State Of Kerala
2021 Latest Caselaw 23152 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE SHIRCY V.
  WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
                      BAIL APPL. NO. 8839 OF 2021
            CRIME NO.6/2021 OF EXCISE, EE & ANSS, KOZHIKODE
 AGAINST THE ORDER/JUDGMENT IN SC 72/2021 OF SPECIAL COURT (NDPS
                    ACT CASES), VADAKARA, KOZHIKODE
PETITIONER/ACCUSED:

            RIMSHAD
            AGED 23 YEARS
            S/O.BASHEER, KAKKATTU HOUSE, KUMARANNALLUR AMSOM,
            THADAPARAMBU DESOM, KOZHIKODE DISTRICT

            BY ADVS.
            T.V.GEORGE
            LINDA GEORGE



RESPONDENT/COMPLAINANT:

            STATE OF KERALA
            REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM PIN 682 031

            SRI.NOUSHAD K.A.-SR.PP


     THIS    BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 8839 OF 2021

                                     2

                                ORDER

Application for regular bail.

2. The petitioner, the sole accused in Crime No.06/2021 of

Excise, EE & ANSS, Kozhikode, which is pending as S.C.No.72 of

2021 before the Special Judge (NDPS Act cases), Vadakara

registered for the offence punishable under Section 22(b) of the

Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS'

Act), has moved this application for his release on bail under

Section 439 of the Code of Criminal Procedure.

3. The petitioner has been in custody since 03.09.2021.

4. The prosecution allegation is that on 03.09.2021 at about

6.30 p.m, the petitioner was found in possession of 7.5 grams of

MDMA kept for the purpose of sale, in contravention of the

provisions of the NDPS Act and thereby committed the aforesaid

offences.

5. The learned counsel for the petitioner has submitted that

he is totally innocent of the allegations levelled against him.

6. Now the learned Public Prosecutor has submitted that

the investigation of the case is over and charge sheet has been

submitted before the jurisdictional court. BAIL APPL. NO. 8839 OF 2021

The petitioner is aged only 23 years having no criminal

antecedents. The quantity of the contraband involved is less than

commercial quantity. Considering the quantity of the contraband

involved the rigour under Section 37 of the NDPS Act is not

attracted in the case of granting bail. Therefore, considering the

period of detention undergone by him in custody, the fact that the

investigation is over and charge sheet has been submitted before

the jurisdictional court and all other facts and circumstances

involved, I am inclined to release him on bail subject to the

following conditions:

(i) The petitioner shall be released on bail on his

executing a bond for a sum of Rs.1,00,000/- (Rupees

one lakh only) with two solvent sureties for the like

sum each to the satisfaction of the court having

jurisdiction.

(ii) The petitioner 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.

(iii) The petitioner shall co-operate with the trial of the

case.

BAIL APPL. NO. 8839 OF 2021

(iv) The petitioner shall not commit any offence while

on bail.

In case of violation of any of the above conditions, the

jurisdictional court is empowered to cancel the bail in accordance

with the law.

Sd/-

SHIRCY V.

JUDGE mpm