Kerala High Court
Rashid.A vs State Of Kerala on 25 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945
BAIL APPL. NO. 3729 OF 2023
AGAINST THE ORDER/JUDGMENT SC 187/2023 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT - II, KASARAGOD / II ADDITIONAL MACT,
KASARAGODE
(CRIME NO.14 OF 2022 OF KASARAGODE E.E., KASARAGODE)
PETITIONER/4TH ACCUSED
ABDUL RASHIK.K.B
AGED 28 YEARS
S/O K.I. BASHEER, RESIDING AT BASITH MANZIL,
KANHANGAD SOUTH, HOSDURG, KASARAGODE DISTRICT,
PIN - 671531
BY ADVS.
J.R.PREM NAVAZ
SUMEEN S.
PREETHA RANI M.S.
MUHAMMED SWADIQ
RESPONDENT/STATE
STATE OF KERALA
REPRESENTED PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
KOCHIN, PIN - 682031
OTHER PRESENT:
SMT.T.V.NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.09.2023, ALONG WITH Bail Appl..6876/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos.3729 and 6876 of 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA,
1945
BAIL APPL. NO. 6876 OF 2023
(CRIME NO.14 OF 2022 OF KASARAGODE E.E., KASARAGODE)
PETITIONER/ACCUSED NO.2:
RASHID.A
AGED 33 YEARS
SON OF IBRAHIM, M.M.HOUSE, MUNNAL MAIL,
PULLUR.P.O, KASARAGOD DISTRICT, PIN - 671531
BY ADV A.ARUNKUMAR
RESPONDENT
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY SMT.T.V. NEEMA SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 25.09.2023, ALONG WITH Bail Appl..3729/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos.3729 and 6876 of 2023
3
MOHAMMED NIAS C.P, J.
---------------------------------------------
B.A. Nos.3729 and 6876 of 2023
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Dated this the 25th day of September , 2023.
ORDER
Apprehending arrest in Crime No.14 of 2022 of Excise
Enforcement and Anti Narcotic Special Squad Kasargode
registered for offences under Sections 22(c), 26 and 29 of the
NDPS Act, the accused 2 and 4 have filed these petitions
seeking pre-arrest bail.
2. The prosecution allegation is that on 2.09.2022, while
the Excise Circle Inspector and party were patrolling, they saw
the 1st accused carrying a bag on his shoulders and seeing the
excise party, he tried to escape from the spot and checking him
3.5 grams of MDMA was found from the cover which is in his
possession and thereby committed the aforesaid offence as
alleged.
3. The learned counsel appearing for the petitioners and
B.A. Nos.3729 and 6876 of 2023
the learned Public Prosecutor were heard.
4. Learned Public Prosecutor submits that they have no
connection with the alleged case and are falsely implicated in
the case.
5. Taking into account the allegations against the
petitioners and the report made available on behalf of the
learned Public Prosecutor that accused Nos.4,5 and 6, who are
residents of the neighbouring area, had transferred money to
accused Nos. 1 and 2 through their account showing their
involvement in the crime, I do not consider this a fit case to
grant anticipatory bail to the petitioners.
The bail applications are dismissed.
Sd/-
MOHAMMED NIAS C.P
smm JUDGE
B.A. Nos.3729 and 6876 of 2023
APPENDIX OF BAIL APPL. 3729/2023
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE CRIME AND
OCCURRENCE REPORT NDPS CR NO. 14/2022
OF EXCISE ENFORCEMENT AND ANTI
NARCOTIC SPECIAL SQUAD, KASARAGODE,
KASARAGODE DISTRICT
Annexure A2 THE TRUE COPY OF THE NOTICE ISSUED TO
THE PETITIONER BY THE INVESTIGATION
OFFICER IN ANNEXURE-A1 CRIME
