Muhammed Hussain vs State Of Kerala
2023 Latest Caselaw 9325 Ker

B.A.No.7306/23                        1

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                       BAIL APPL. NO. 7306 OF 2023
    CRIME NO.885/2023 OF Palakkad Town South Police Station,
                                 Palakkad
AGAINST THE ORDER/JUDGMENT CRMC 3009/2023 OF DISTRICT COURT &
                         SESSIONS COURT, PALAKKAD
PETITIONER/ACCUSED:

            MUHAMMED HUSSAIN,
            AGED 24 YEARS,
            S/O.SALAHUDHEEN, CHERUVILAPUTHEAN HOUSE,
            KUNDUMON, ADICHANALLOOR, KOLLAM, PIN - 691 573.

            BY ADVS.
            ANAND KALYANAKRISHNAN
            C.DHEERAJ RAJAN



RESPONDENT/STATE:

            STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682 031.


      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.7306/23                         2

                               ORDER

This is an application filed u/s 439 of the Code of Criminal

Procedure seeking regular bail.

2. Petitioner is the accused in Crime No.885 of 2023 of

Palakkad Town South Police Station. Offences alleged against the

petitioner are under Section 22(b) of the NDPS Act.

3. The prosecution case is that, on 06.07.2023 at 17 hours

the petitioner was found in possession of 18 grams of

Methamphetamine near KSRTC bus stand, Palakkad. The

petitioner was arrested on the same day and since then he has

been under judicial detention. This application for regular bail is

submitted in such circumstances.

4. Heard Sri.Anand Kalyanakrishnan, learned counsel for

the petitioner and Sri.C.S.Hrithwik, learned Public Prosecutor for

the State.

5. I have carefully gone through the records. It is true that

the petitioner was arrested along with the contraband. However, it

is a fact that the petitioner has been in custody since 06.07.2023.

No criminal antecedents of the petitioner were brought to the

notice of this Court. The quantity involved is intermediate, to

which the reigour under Section 37 of the NDPS Act would not be

applicable. Therefore, I am of the view that further incarceration

of the petitioner is not necessary.

In the result, the application is allowed on the following

conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall fully cooperate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Thursday until the filing of final report.

(iv) The petitioner shall also appear before the investigating officer as and when required.

(v) The petitioner shall not commit any offence of similar nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave India without the permission of the trial Court.

In case of violation of any of the above conditions, the

jurisdictional Court shall be empowered to consider the application

for cancellation of bail, if any, and pass appropriate orders in

accordance with the law.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/25.8.23

APPENDIX OF BAIL APPL. 7306/2023

PETITIONER ANNEXURES

Annexure 1 THE TRUE COPY OF THE ORDER DATED 17.08.2023 IN CRL.M.C NO 3009/2023 ON THE FILES OF COURT OF SESSION, PALAKKAD DIVISION