Muhammed Irshad vs State Of Kerala
2023 Latest Caselaw 11444 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                     BAIL APPL. NO. 8803 OF 2023
   CRIME NO.600/2023 OF VIDYA NAGAR POLICE STATION, Kasargod
 AGAINST THE ORDER/JUDGMENT CRMP 5077/2023 OF DISTRICT COURT &
     SESSIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD


PETITIONER/3RD ACCUSED

            MUHAMMED IRSHAD
            AGED 36 YEARS
            S/O AHAMMED, RESIDING AT MIHRAJ HOUSE, CHEROOR POST,
            CHENGALA VILLAGE, KASARAGOD TALUK, KASARAGOD
            DISTRICT, PIN - 671121

            BY ADV SHIBA M SAMUEL

RESPONDENT/COMPLAINANT

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

            SRI. P.G. MANU (MAMMALASSERY), SR.PP


     THIS    BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No.8803 of 2023
                                     2


                     MOHAMMED NIAS C.P, J.
                  ---------------------------------------------
                     B.A. No. 8803 of 2023
            ------------------------------------------------------
           Dated this the 8th day of November, 2023


                             ORDER

This is an application for regular bail filed by the petitioner

under Section 439 of the Code of Criminal Procedure.

2. The petitioner is the third accused in Crime No. 600/2023 of

Vidyanagar Police Station for having committed offences punishable

under Sections 20(b) of the Narcotic Drugs and Psychotropic

Substances Act.

3. The allegation against the petitioner is that, on 12.09.2023 at

about 5.00 p.m. at Paduvadukkam, while the respondent was

conducting vehicle checking, the petitioner, along with accused Nos.1

and 2 came in a car bearing registration No.KL14T 5857, and on

search, 3.99 grams of MDMA was found in their possession. The

petitioner, along with the other accused, has committed the aforesaid

offence.

4. The learned counsel appearing for the petitioner would say

that the petitioner is totally innocent and falsely implicated with B.A. No.8803 of 2023

ulterior motives. At any rate, he points out that the accused is in

custody from 12.09.2023, and continued custody of the petitioner is

unnecessary.

5. The learned public prosecutor opposed the petition.

6. After considering the rival submissions and taking into

account the quantity of the contraband involved, the fact that the

petitioner has been in custody since 12.09.2023 and also since there is

no apprehension raised by the prosecution that if released on bail, the

petitioner is likely to abscond, I hold that bail can be granted to the

petitioner. It is also to be noted that no other criminal antecedents have

been reported against the petitioner.

Accordingly, this application is allowed, and the petitioner is

granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on executing a bond

for 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 B.A. No.8803 of 2023

every Saturday between 9 a.m. and 10 a.m. till the final report

is laid;

(iii) The petitioner shall not tamper or attempt to tamper with

the evidence or influence or try to influence the witnesses;

(iv) The petitioner shall not be involved in any other crime

while on bail.

(v) The petitioner shall surrender his passport, if any, within

seven days from the date of his release before the Court

concerned, and if the release of the passport is required at a

later period, the petitioner shall be at liberty to move an

appropriate application for the same before the court having

jurisdiction. If he has no passport, he shall file an affidavit to

that effect before the court concerned on the date of execution

of the bond or within three days thereafter.

(vi) The petitioner shall furnish his present address along with

the mobile phone number to the court concerned as well as to B.A. No.8803 of 2023

the Investigating Officer.

(vii) If any of the conditions are violated, the court concerned

will be empowered to take steps for cancellation of bail as per

law.

Sd/-

                                         MOHAMMED NIAS C.P

smm                                                 JUDGE
 B.A. No.8803 of 2023




               APPENDIX OF BAIL APPL. 8803/2023

PETITIONER ANNEXURES
Annexure A1       A TRUE COPY OF THE FIR IN CRIME NO.

600/2023 OF VIDYANAGAR POLICE STATION, KASARAGOD DISTRICT Annexure A2 A TRUE COPY OF THE IMPUGNED ORDER DATED 23.09.2023 PASSED BY THE HON'BLE DISTRICT AND SESSIONS COURT KASARAGOD