Mubarak vs State Of Kerala
2023 Latest Caselaw 6566 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                 BAIL APPL. NO. 9230 OF 2022
    Crime No. 1790/2021 of Chirayinkeezhu Police Station,
                      Trivandrum District
 AGAINST THE ORDER/JUDGMENT IN Bail Appl. 3790/2022 OF HIGH
                        COURT OF KERALA
PETITIONER/ACCUSED:

         MUBARAK
         AGED 29 YEARS
         S/O. BASHEER, THOUFIK MANZIL, DECENTMUKKU,
         MUDAPURAM DESOM, KOONTHALLOOR VILLAGE,
         THIRUVANANTHAPURAM., PIN - 695304
         BY ADVS.
         C.P.UDAYABHANU
         NAVANEETH.N.NATH

RESPONDENTS/STATE:

    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
         KERALA, PIN - 682031
    2    SUB INSPECTOR OF POLICE
         CHIRAYINKEEZHU POLICE STATION,
         THIRUVANANTHAPURAM., PIN - 695304
         BY ADVS.
         PUBLIC PROSECUTOR
         ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
         ADDL. STATE PUBLIC PROSECUTOR(AG-28)
OTHER PRESENT:
          SR.PP - C.K.SURESH
    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 13.06.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A. No.9230 of 2022                :2:



                           VIJU ABRAHAM, J.
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                          B.A. No.9230 of 2022
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                   Dated this the 13th day of June, 2023

                                   ORDER

This is an application for regular bail.

2. The Petitioner is the 1st accused in Crime No. 1790/2021 of

Chirayinkeezhu Police Station, Trivandrum District alleging

commission of offences punishable under Sections 20(b)(ii)B, 22(c)

& 29 of the Narcotic Drugs and Psychotropic Substances Act.

3. The prosecution allegation is that, on 24.09.2021 at about

04.05 PM, on the basis of prior information, a search was

conducted in the house of 1st accused and seized 63.60 grams of

MDMA from the almirah of said house. Further case is that at

about 4.50 PM, a car bearing registration number KL-16-L-2419

parked in the premises of said house was searched in the presence

of gazetted officer and seized 2.100 grams of Ganja from the car.

Accused Nos. 1 to 5 were arrested from the said house. Thus the

accused have committed the alleged offences.

4. The petitioner submits that he is in custody from

24.09.2021 onwards. Petitioner has approached this Court earlier

by filing B.A. No.3790/2022, which was rejected by this Court as

per Annexure 1 common order. It is further submitted that he has

no other criminal antecedents. It is also submitted that the 4 th

accused was granted bail by this Court as per order in B. A.

No.1159/2022 and accused Nos. 5 and 6 were granted bail by the

Sessions Court, Thiruvananthapuram. The petitioner further

submits that the 3rd accused was granted bail by this Court in B. A.

No.4198/2023. It is also contended by the petitioner that accused

Nos.5 and 6 who were involved in other criminal cases including

offences under the NDPS Act were also granted bail. The

petitioner also relies on the judgment of this Court in Fasal v.

State of Kerala [ 2023 (3) KHC 212] wherein this Court has

fixed the parameters for consideration of bail wherein the rigor of

Section 37 of the NDPS Act is involved. It is further submitted that

even though there is a direction by this Court dated 04.01.2023, in

B.A.No.9721/2022, to expedite the trial of the case, even the

charges have not been framed till date.

5. The learned Public Prosecutor though opposed the

application for bail, submitted that the petitioner has no other

criminal antecedents.

6. After hearing both sides, I am of the opinion that the case

of the petitioner falls within the parameters fixed by this Court in

Fasal's case supra. Therefore, I am inclined to grant bail to the

petitioner. In the result, the bail application is allowed and it is

ordered that the petitioner shall be released on bail on the

following stringent 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 not intimidate the

witnesses or tamper with evidence. He shall be

available for trial. He shall appear before the

Investigating Officer on every Monday in between

9 a.m. and 12 noon for a period of two months

and also appear before the Investigating Officer

as and when directed.

(iii) The petitioner shall not leave India without

prior permission of the jurisdictional Court

(iv) The petitioner shall surrender his passport,

if any, within 7 days from the date of his release,

before the trial Court. If he has no passport, he

shall file an affidavit in this regard on the date of

execution of the bond or within 3 days thereafter.

If any of the aforesaid conditions are violated, the

investigating officer in Crime No. 1790/2021 of Chirayinkeezhu

Police Station, may file an application before the jurisdictional

court, for cancellation of bail

Sd/-

VIJU ABRAHAM JUDGE sm/