Kerala High Court
Muhammed Salih vs State Of Kerala on 26 December, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 26TH DAY OF DECEMBER 2023 / 5TH POUSHA, 1945
BAIL APPL. NO. 6553 OF 2023
CRIME NO.32/2023 OF Kodungallur Excise Range Office, Thrissur
AGAINST THE ORDER/JUDGMENT CMP 3166/2023 OF DISTRICT COURT &
SESSIONS COURT,THRISSUR
PETITIONER/S:
MUHAMMED SALIH, AGED 23 YEARS
S/O. SHEFEEK,ADIMAPARAMBIL HOUSE,
SOUHRIDAYA CLUB DESOM, LOKAMALESWARAM,
KODUNGALLUR, THRISSUR DIST-680664
BY ADVS.
M.SHAJU PURUSHOTHAMAN
K.S.RAJESH
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA-682031
BY SMT.SEETHA S, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6553 OF 2023
2
P.G. AJITHKUMAR, J.
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B.A.No. 6553 of 2023
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Dated this the 26th day of December, 2023
ORDER
This is an application for bail filed under Section 439 of the Code
of Criminal Procedure, 1973.
2. The petitioner is the accused in Crime No.32 of 2023 of
Kodungallur Excise Range Office, Thrissur. He allegedly had committed a
offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
3. Heard the learned counsel for the petitioner and the learned Public
Prosecutor.
4. The prosecution allegation is that at about 3.30 pm on 19.06.2023
the petitioner was found in possession of 14 grams of MDMA in front of his
residential house in Koolimuttam village.
5. The petitioner would contend that he did not involve in the alleged
crime and without any material or evidence, he has been implicated in the
crime. He is innocent. The investigation in the matter has been progressed
considerably and there is no reason or justification for his further detention.
BAIL APPL. NO. 6553 OF 2023
6. The learned Public Prosecutor would submit that the sample
collected from the contraband in possession of the petitioner was examined in
the Chemical Examiner's Laboratory, Kakkanad and the report thereof is made
available. As per the report, the sample was Methamphetamine and not
MDMA. A copy of the report is made available for my perusal also. However,
the learned Public Prosecutor maintains that this petition deserves only to be
dismissed.
7. The petitioner was granted interim bail as per the order dated
26.09.2023. The said interim order of bail was extended from time to time.
8. Since the contraband is found to be Methamphetamine, the
quantity of the psychotropic substance is an intermediate quantity and the
offence is punishable under Section 22(b) of the NDPS Act.
9. Having heard the learned counsel appearing for the petitioner and
the learned Public Prosecutor, and considering the aforementioned
circumstances, I am therefore of the view that the petitioner is entitled to be
released on bail.
In the result, the bail application is allowed and the petitioner is granted
bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only), with
two solvent sureties for the like amount each, to the satisfaction of the learned
Magistrate, subject to the following conditions:
BAIL APPL. NO. 6553 OF 2023
(i) He shall not influence or intimidate witnesses or tamper with
evidence;
(ii) He shall appear before the investigating officer as and when
called for; and
(iii) During the bail period, he shall not get involved in any offence.
In case of breach of the bail conditions, the prosecution shall be at liberty
to apply for cancellation of the bail before the jurisdictional court.
Sd/-
P.G. AJITHKUMAR,
JUDGE
SMA
BAIL APPL. NO. 6553 OF 2023
APPENDIX OF BAIL APPL. 6553/2023
PETITIONER ANNEXURES :-
Annexure 1 THE CERTIFIED COPY OF THE ORDER IN CRL.MP
3166 /2023 PASSED BY THE HONORABLE COURT OF
THE SESSIONS JUDGE, THRISSUR DT.27.07.2023
