Sabid vs State Of Kerala
2022 Latest Caselaw 4994 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
                    BAIL APPL. NO. 3142 OF 2022
   CRIME NO.188/2022 OF Kasaba Police Station, Kozhikode


PETITIONER/CCUSED:

         SABID
         AGED 34 YEARS
         SON OF BASHEER, THOTTOOLI HOUSE, NANMINDA,
         KOZHIKODE, PIN - 673613
         BY ADVS.
         K.SEENA
         ZUBAIR PULIKKOOL


RESPONDENT/COMPLAINANT

         STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
         KERALA, PIN - 682031

         SR.PP . SMT. NEEMA T.V
     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.05.2022,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 BAIL APPL. NO. 3142 OF 2022
                                       2




                 P.V.KUNHIKRISHNAN, J
                  --------------------------------
                    B.A.No.3142 of 2022
                   -------------------------------
             Dated this the 4th day of May, 2022


                              ORDER

This Bail Application is filed under Section 439 of

Criminal Procedure Code.

2. Petitioner is the accused in Crime No.188 of

2022 of Kasaba Police Station. The above case is

registered against the petitioner alleging offence

punishable under Section 22(b) of the Narcotic Drugs

and Psychotropic Substances Act. Petitioner was

arrested on 09.03.2022 and he is in custody.

3. The prosecution case is that on 09.03.2022 at

about 9.30 p.m., the accused was found in possession

of 2.900 grams of MDMA transported in a Maruti Car at

Pavamani, SK Temple road, Kasaba, Kozhikode.

4. Heard counsel for the petitioner and the Public BAIL APPL. NO. 3142 OF 2022

Prosecutor. The counsel for the petitioner submitted

that the contraband seized from the petitioner is only

intermediary quantity and the petitioner is in custody

from 09.03.2022 onwards. The counsel submitted that

there is no criminal antecedents to the petitioner and

the petitioner is ready to abide any conditions if this

Court grant him bail. The Public Prosecutor opposed the

bail application. The Public Prosecutor submitted that

the petitioner committed a serious offence. But the

Public Prosecutor conceded that the quantity seized is

only intermediary quantity. It is true that the allegation

against the petitioner is very serious. But no criminal

antecedents is reported against the petitioner. The

petitioner is in custody from 09.03.2022 onwards. The

contraband seized from the petitioner is intermediary

quantity. Considering the entire facts and

circumstances of the case, I think, the petitioner can be

released on bail on stringent conditions. If any of the BAIL APPL. NO. 3142 OF 2022

conditions are violated, the investigating officer is free

to file appropriate application before the Jurisdictional

Court to cancel the bail and if such an application is

filed, the Jurisdictional Court will consider the same and

pass appropriate orders in it, in accordance with law.

5. 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 in as much 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.

6. 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:

BAIL APPL. NO. 3142 OF 2022

1. Petitioner shall be released on bail on

executing a bond for Rs.50,000/- (Rupees Fifty

Thousand only) with two solvent sureties each

for the like sum to the satisfaction of the

jurisdictional Court.

2. The petitioner shall appear before the

Investigating Officer for interrogation as and

when required. The petitioner 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. Petitioner shall not leave India

without permission of the jurisdictional

Court.

4. Petitioner shall not commit an offence BAIL APPL. NO. 3142 OF 2022

similar to the offence of which he is

accused, or suspected, of the commission

of which he is suspected.

5. Petitioner shall appear before the

Investigating Officer on all Mondays and

Fridays till final report is filed.

6. If any of the above conditions are

violated by the petitioner, the jurisdictional

Court can cancel the bail in accordance to

law, even though the bail is granted by

this Court. The prosecution and the victim

are at liberty to approach the jurisdictional

court to cancel the bail, if there is any

violation of the above conditions.

sd/-

P.V.KUNHIKRISHNAN, JUDGE hmh