Kerala High Court
Fahad Fajas vs The Station House Officer on 30 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
BAIL APPL. NO. 9027 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMP 560/2021 OF SPECIAL COURT (NDPS
ACT CASES), VADAKARA
CRIME NO. 784 OF 2021 OF KATHIROOR POLICE STATION
PETITIONER/1ST ACCUSED :-
FAHAD FAJAS
AGED 30 YEARS
S/O HAMZA, BENSY FAHAD MANZIL, KOTTAYAMPOIL
P.O.KUTHUPARAMBA, KANNUR DISTRICT-670 691
BY ADV CIBI THOMAS
RESPONDENTS/COMPLAINANT AND STATE :-
1 THE STATION HOUSE OFFICER
KATHIROOR POLICE STATION,
KANNUR DISTRICT-670 642
2 THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031
BY SRI.NOUSHAD.K.A- SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 9027 OF 2021
2
ORDER
Application for regular bail.
2. The petitioner who is the first accused in Crime No.784 of
2021 of Kathiroor Police Station, Kannur District registered for the
offences punishable under Sections 22(b) of the Narcotic Drugs and
Psychotropic Substances Act (for short 'NDPS' Act), has moved this
application for his release on bail.
3. The prosecution allegation is that on 09.10.2021 at about
11.40 pm this petitioner was found in possession of 1.75 grams of
MDMA and engaged with transportation of the same along with the
other accused in his Innova Car bearing Registration No.KL-13T 6834
at Koothuparamba, for the purpose of illegal sale. Thereby, he has
committed the aforesaid offences along with the other accused. The
contraband was seized and the petitioner as well the other accused
were caught red-handed by the police team attached to Kathiroor Police
Station.
4. The petitioner has been in custody since 09.10.2021.
5. Heard the learned counsel for the petitioner as well the
learned Public Prosecutor.
BAIL APPL. NO. 9027 OF 2021
6. The learned counsel for the petitioner has submitted that he
has been falsely implicated in the case. In fact, he happened to be in
the vehicle owned by the other accused accidentally and nothing has
been seized from his conscious possession as alleged by the
prosecution. But he is undergoing unnecessary incarceration right from
the date of his arrest.
7. The learned Public Prosecutor has submitted that now the
investigation of the case has considerably progressed, in fact, nearing
completion. It is further reported that this petitioner is having no criminal
antecedents.
8. As he was not in possession of commercial quantity of
narcotic drugs, the rigour under Section 37 of the NDPS is not attracted
in the matter of granting bail.
Having regard to the facts and circumstances of the case,
the period of detention undergone by him in judicial custody as well the
fact that investigation of the case is almost over, I am inclined to
release him on bail subject to the following conditions :-
(i) The petitioner shall be released on bail on executing a bond
for a sum of Rs.1,00,000/- (Rupees one lakh only)with two
BAIL APPL. NO. 9027 OF 2021
solvent sureties for the like sum each to the satisfaction of the
court having jurisdiction.
(ii) The petitioner shall appear before the investigating officer on
alternative Mondays between 10.00 am and 12.00 noon for a
period of two months or till filing of the final report, whichever is
earlier .
(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 or to any police officer.
(iii) 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
SMA
