Muhammed Rashid vs State Of Kerala
2021 Latest Caselaw 23405 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE SHIRCY V.
  THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                     BAIL APPL. NO. 7808 OF 2021
CRIME NO.14/2021 OF PARAPPANANGADI EXCISE RANGE OFFICE, MALAPPURAM
 AGAINST THE ORDER/JUDGMENT IN CMP 898/2021 OF SPECIAL COURT FOR
            SC/ST (POA)NDPS ACT CASES, MANJERI, MALAPPURAM
PETITIONER/ACCUSED(IN CUSTODY FROM 20.05.2021):

            MUHAMMED RASHID
            AGED 24 YEARS
            S/O. LATE AHAMMED KUTTY, PALLITHODIKA VADAKKAL (H),
            TIRURANGADI VILLAGE, PANTHARANGADI DESOM, TIRURANGADI
            TALUK, MALAPPURAM DISTRICT, PIN - 676306.

            BY ADVS.
            P.MOHAMED SABAH
            LIBIN STANLEY
            SAIPOOJA
            R.GAYATHRI
            SADIK ISMAYIL



RESPONDENTS/STATE & COMPLAINANTS:

    1       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA AT ERNAKULAM, PIN - 682 031.

    2       INSPECTOR
            EXCISE RANGE OFFICE, PARAPPANANGADI,
            MALAPPURAM DISTRICT - 676 319.

            SRI.K.A.ANAS-SR.PP


     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 7808 OF 2021

                                     2

                                 ORDER

Application for regular bail.

2. The petitioner, the sole accused in Crime No.14/2021 of

Excise Range Office, Parappanangadi, Malappuram District

registered for the offences punishable under Sections 22(c) and

20(b)(ii)(A) 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 20.05.2021

thereafter, the investigation has been completed and charge sheet

has been submitted before the jurisdictional court on 06.10.2021.

4. After receipt of the chemical examination report it is

submitted by the learned Public Prosecutor that a report has been

filed before the court concerned to alter the section as one under

Section 22(b) of the NDPS Act. The said memo has been submitted

before the court below on 20.11.2021 and it is pending for

consideration. The learned Public Prosecutor further reported that

this petitioner has no criminal antecedents.

5. Considering all these facts, I am inclined to release him

on bail subject to the following conditions: BAIL APPL. NO. 7808 OF 2021

(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.

(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