Sayed Maheen vs State Of Kerala
2023 Latest Caselaw 10272 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
                 BAIL APPL. NO. 7950 OF 2023
     AGAINST THE ORDER/JUDGMENT IN CRMP NO.4443/2023 OF
    ADDITIONAL DISTRICT COURT (ADHOC), THIRUVANANTHAPURAM

(CRIME NO.39/2023 OF THIRUVANANTHAPURAM EXCISE RANGE OFFICE,
                     THIRUVANANTHAPURAM)


PETITIONER/ACCUSED:
          SAYED MAHEEN
          AGED 35 YEARS, S/O. ABDUL SALAM,
          TC 35/363, FATHIMA MANZIL,
          VALLAKADAVU,
          THIRUVANANTHAPURAM, PIN - 695008

          BY ADVS.
          MITHUN P.
          MERIN THOMAS
RESPONDENT/STATE:
          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682031

         SRI.P.G.MANU(MAMALASSERY)


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.7950/2023
                                    ..2..


                   MOHAMMED NIAS C.P., J.
                    ---------------------
                         B.A.No. 7950/2023
            ---------------------------
                Dated this the 21st day of September, 2023

                              ORDER

This application is filed under Section 439 of the Code of Criminal

Procedure, seeking regular bail.

2. The petitioner is the accused in Crime No. 39/2023 of Excise

Range Office, Thiruvananthapuram, for having allegedly committed

offences punishable under Sections 22(b) and 25 of the Narcotic Drugs

and Psychotropic Substances Act.

3. The Prosecution case is that, on 28.07.2023 at about 11.15

PM, the petitioner was found in possession and transporting 4.261 grams

of MDMA in a VESPA Scooter bearing Reg. No. KL-01-BT-686 for the

purpose of sale Between the CRIS 4 WHEELS TYRES & SERVICE and

HOTEL FALCON at Chakkai Junction Eanchakkal service road at Pettah

Village, in violation of the provisions of the NDPS Act and thereby

committed the offence.

4. The learned counsel appearing for the petitioner would say

that the petitioner is totally innocent and falsely implicated with ulterior B.A.No.7950/2023 ..3..

motives. At any rate, he points out that the petitioner has been in custody

since 28/07/2023, and continued custody of the petitioner is unnecessary.

5. The learned public prosecutor opposed the petition.

6. After having considered the submissions of the learned

counsel for the petitioner and learned Public Prosecutor and considering

the nature of the allegations against the petitioner, the quantity involved,

the fact that he has been in custody since 28/07/2023, that no

apprehension is raised by the prosecution that if released on bail the

petitioner is likely to abscond, that there are no other criminal antecedents

reported against the petitioner, I am inclined to grant bail under such

circumstances.

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

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; B.A.No.7950/2023 ..4..

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

on bail.

(v) 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.

JUDGE APA B.A.No.7950/2023 ..5..

APPENDIX OF BAIL APPL. 7950/2023

PETITIONER ANNEXURES

Annexure A1 COPY OF THE ORDER OF ADDITIONAL SESSIONS COURT - I, THIRUVANANTHAPURAM IN CRIMINAL MISCELLANEOUS PETITION NO. 4443 OF 2023 DATED 7.9.2023