Kerala High Court
Muhammed Ashif vs State Of Kerala on 20 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
BAIL APPL. NO. 3516 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMP 1304/2022 OF DISTRICT COURT &
SESSIONS COURT,THRISSUR
CRIME NO.238/2022 OF ERUMAPETTY POLICE STATION, THRISSUR DISTRICT
PETITIONERS/ACCUSED:
1 MUHAMMED ASHIF
AGED 23 YEARS
S/O.BEERANKUTTY, VADAKKEKARA HOUSE,
KULAKKAD, KUTTIKKAD, MALAPPURAM DISTRICT
, PIN - 679331
2 SHAFEEK
AGED 28 YEARS
S/O.KUNHALI,
KARUNGAPARA HOUSE, KARUMBATHOOR,
MALAPPURAM DISTRICT
, PIN - 676301
3 ABDUL RASHEED
AGED 31 YEARS
S/O.ABDUL MAJEED, CHIRAYAMPURATH HOUSE,
PATTARANADAKAVU DESOM, THIRUNAVAYA,
MALAPPURAM DISTRICT
, PIN - 676301
4 MUHAMMED MUSTHAFA
AGED 33 YEARS
S/O.SAIDALAVI, VALIYAPEEDIYEKKAL HOUSE,
VETTICHIRA, KUMARAMBATHOOR,
MALAPPURAM DISTRICT
, PIN - 676301
5 NIMSHAD AJMAL
AGED 23 YEARS
S/O.ABDUL MAJEED,
KAVUNGAL HOUSE, MATUTHUR, OTHUKKUNGAL,
MALAPPURAM DISTRICT, PIN - 676528
BAIL APPL.NO.3516/2022
2
6 ABDUL ADHIL
AGED 20 YEARS
S/O.MUHAMMED, KARINGAPARA HOUSE,
PUNNATHALA, PUTHANATHANI,
MALAPPURAM DISTRICT
, PIN - 676510
BY ADV BABU S. NAIR
RESPONDENTS/STATE&COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, KOCHI, PIN - 682031
2 THE STATION HOUSE OFFICER
ERUMAPETTY POLICE STATION,
THRISSUR DISTRICT
, PIN - 680584
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SRI. T.R. RENJITH (SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL.NO.3516/2022
3
ORDER
This is an application for regular bail.
2. The petitioners are the accused in Crime No.238/2022 of
Erumapetty Police Station, Thrissur District alleging commission of
offences under Section 402 of the Indian Penal Code and Sections 22(a),
22(b) and 29 of the Narcotic Drugs and Psychotropic Substance Act.
3. The allegation against the petitioners is that the petitioners
were found in possession of 0.640 grams of a substance believed to be
MDMA and a knife and a bottle of pepper spray and thereby they
committed the offences under the NDPS Act and also the offence
punishable under Section 402 of the IPC.
4. The learned counsel appearing for the petitioners would submit
that the petitioners are absolutely innocent in the matter. It is submitted
that even the prosecution does not have a clear case as to whether the
substance allegedly found from the possession of the petitioners is MDMA
or not. It is submitted that even assuming that the substance is MDMA the
quantity recovered is just above small quantity. It is submitted that the
offence under Section 402 of the IPC is clearly not attracted merely on
BAIL APPL.NO.3516/2022
account of the fact that the knife and a pepper spray were allegedly
recovered from the possession of the petitioners. It is submitted that one
among the petitioners had gone to Thrissur District and had been detained
therein by group of persons, on the allegation that he had come to see a girl
residing in the locality in question. It is submitted that the other petitioners
had gone there to rescue him and while they were returning in a car, the
Police squad had intercepted them and had allegedly recovered the narcotic
substance and a knife and a pepper spray from their possession. It is
submitted that the petitioners had been in custody from 21.04.2022 and
their continued detention is not necessary, in the facts and circumstances of
the case. It is submitted that the petitioners have no criminal antecedents.
5. I have heard the learned Public Prosecutor also.
6. The learned Public Prosecutor opposes the grant of bail. The
circumstances of the case appearing against the petitioners are pointed out.
It is submitted that the 1st petitioner is an accused of an offence namely
under Section 411/379 of the IPC. It is submitted that the matter is under
investigation and the grant of bail to the petitioners, at this stage, may not
be conducive to the investigation.
7. Having heard the learned the learned counsel for the petitioner
BAIL APPL.NO.3516/2022
and the learned Public Prosecutor, I am of the opinion that the petitioners
can be granted bail subject to conditions. They have been in custody for
nearly one month. Taking into account of the nature of the allegations and
considering the fact that they have no antecedents relating to any offence
under the NDPS Act, I am of the opinion that they need not be detained
further.
8. In the result, this application is allowed and it is directed that
the petitioners shall be released on bail, subject to the following
conditions:-
(i) The petitioners shall execute bond for sum of Rs.50,000/-
(Rupees fifty thousand only) each with two solvent sureties
each for the like sum to the satisfaction of the
Jurisdictional Court;
(ii) The petitioners shall appear before the investigating officer
in Crime No.238/2022 of Erumapetty Police Station,
Thrissur District on every Saturday at 11.00 am till
30.07.2022 and thereafter whenever called upon to do so;
(iii) The petitioners shall not attempt to interfere with the
investigation or influence or intimidate any witness in
BAIL APPL.NO.3516/2022
Crime No.238/2022 of Erumapetty Police Station,
Thrissur District;
(iv) The petitioners shall surrender their passport before the
Jurisdictional Court. If the petitioners do not have a
passport, they shall execute affidavit to that effect and file
the same before the said court within seven days of release
on bail;
(v) The petitioners shall not involve in any other crime while
on bail.
If any of the aforesaid conditions are violated, the investigating officer
in Crime No.238/2022 of Erumapetty Police Station, Thrissur District may
file an application before the Jurisdictional Court, for cancellation of bail.
Sd/-
GOPINATH P.
JUDGE
bng/20.05.2022
