Jishad K P S/O Akbar vs State Of Kerala
2022 Latest Caselaw 5568 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
      THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
                      BAIL APPL. NO. 3162 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMC 199/2022 OF ADDITIONAL DISTRICT
                 COURT & SESSIONS COURT - II, KALPETTA

CRIME NO.59/2021 OF SULTHAN BATHERY EXCISE RANGE OFFICE, WAYANAD DISTRICT


PETITIONER/ACCUSED NO.2 :

            JISHAD K P,
            AGED 39 YEARS, S/O AKBAR
            KUNNUMMAL HOUSE, KATCHERY VILLAGE, KOZHIKODE TALUK,
            KOZHIKODE DISTRCT , PIN - 673011

            BY ADVS.
            K.K.JAYARAJ NAMBIAR
            SIDHARTH J NAMBIAR



RESPONDENT/COMPLAINANT :

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


OTHER PRESENT:

            SRI. T.R. RANJITH (SR.PP)




     THIS   BAIL   APPLICATION    HAVING    COME   UP   FOR   ADMISSION   ON
26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.3162/2022                      2


                               ORDER

This is an application for regular bail

2. The Petitioner is the 2nd accused in Crime No.59/2021

of Sulthan Bathery Excise Range Office, Wayanad District which

was originally registered alleging commission of offences under

Sections 22 (C), 22(a) and 20(b)(ii)(A) r/w 29 of Narcotic Drugs

and Psychotropic Substances Act in respect of a commercial

quantity of a Narcotic Drug.

3. The allegation against the petitioner is that on

15-11-2021, the petitioner along with the co-accused was found

in possession of 21 g of MDMA, 0.38 g of Diazepam and 2.04 g of

Hashish Oil and allegedly committed the offences alleged against

them. Following investigation to the matter, a final report has

already been filed. From the final report it is seen that the

substance suspected to be MDMA, which was allegedly seized

from the possession of the petitioner has been shown to be

Methamphetamine in which case the drugs in question do not fall

within commercial quantities.

4. The learned counsel for the petitioner submits that the

petitioner has been in custody for 192 days and considering the

fact that the case involves an intermediate/small quantity of

Narcotic Drugs the petitioner may be directed to be released on

bail especially considering the fact that no criminal antecedents

are reported against him.

5. The learned Public Prosecutor opposes the grant of

bail. It is submitted that merely because the drugs are not in

commercial quantities that does not mean that the petitioner is

entitled to bail though the rigour of Section 37 may not apply in

deciding the bail application of the petitioner. It is submitted

that the investigation has established that the petitioner and the

other accused are clearly guilty in the matter. However, it is

confirmed that no criminal antecedents are reported against the

petitioner .

6. Having regard to the facts and circumstances of the

case and considering the fact that continued detention of the

petitioner may not be necessary for the purposes of any

investigation and also taking note of the fact that the petitioner

has been custody for 192 days, I am of the opinion that the

petitioner can be granted bail subject to the conditions.

7. In the result this bail application is allowed. It is

directed that the petitioner shall be released on bail, subject to

the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties each

for the like sum to the satisfaction of the jurisdictional

Court;

(ii) The Petitioner shall report before the Investigating officer

in Crime No.59/2021 of Sulthan Bathery Excise Range

Office, Wayanad District as and when summoned to do so;

(iii) The petitioner shall not attempt to influence or intimidate

any witness in Crime No.59/2021 of Sulthan Bathery Excise

Range Office, Wayanad District;

(iv) The petitioner shall not involve in any other crime while on

bail.

If any of the aforesaid conditions are violated, the

Investigating officer in Crime No.59/2021 of Sulthan Bathery

Excise Range Office, Wayanad District may file an application

before the jurisdictional Court for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE ats.

APPENDIX OF BAIL APPL. 3162/2022

PETITIONER ANNEXURES

Annexure1 THE CERTIFIED COPY OF THE ORDER DATED 19- 03-2022 IN CRL.MC NO. 199/2022 ON THE FILE OF THE LEARNED SPECIAL JUDGE NDPS ACT CASES / ADDITIONAL SESSIONS JUDGE - II KALPETA WAYANAD

Annexure2 THE TRUE COPY OF THE LATTER DATED 09-01-

2017 ISSUED BY THE CONCERNED CONSULTANT DOCTOR AT NIMHAMS BANGALORE WITH RESPECT TO THE FURTHER TREATMENT OF THE PETITIONER

Annexure3 THE TRUE COPY OF THE RELEVANT PAGES OF THE INPATIENT/OUTPATIENT MEDICAL RECORD OF PETITIONER WITH ID NUMBER 2845/18 ISSUED FROM THE GOVT MENTAL HEALTH CENTRE KUTHIRAVATTOM KOZHIKODE