Jabir vs State Of Kerala
2023 Latest Caselaw 10343 Ker

          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. 7572 OF 2023
 AGAINST THE ORDER/JUDGMENT CRMP 1991/2023 OF SPECIAL COURT
             (ATROCITIES AGAINST SC/ST), MANJERI

    CRIME NO.855/2023 OF TANUR POLICE STATION, MALAPPURAM


PETITIONER/4th ACCUSED:
          JABIR
          AGED 34 YEARS, S/O ABOOBACKER,
          CHEVIDIKKUNNAN HOUSE, KATTILANGADI,
          TANUR PO, MALAPPPURAM DT., PIN - 676302

          BY ADVS.
          T.K.AJITH KUMAR
          HARITHA HARIDAS
          RAJESH BABU CHELAT
RESPONDENT/STATE:
          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.7572/2023

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                   MOHAMMED NIAS C.P., J.
                    ---------------------
                         B.A.No. 7572/2023
           ---------------------------
               Dated this the 25th 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 4th accused in Crime No. 855/2023 of

Tanur Police Station, Malappuram District, for having committed

offences punishable under Section 22(c) of the Narcotic Drugs and

Psychotropic Substances Act.

3. The prosecution allegation is that, on 01.08.2023 at 00.08

Hours, the Sub Inspector of Tanur Police Station got secret information

that a group of people were selling a Synthetic narcotic drug called

MDMA in a red colour Tata Nexon car bearing number KL-65-N-3754

p.m., and after recording the information in the General Diary No.2,

prepared a report to the Superior office, the Inspector of Tanur Police

station, with SCPO 5231 Sreehareesh, CPO 6600 Libin and DVR CPO

6686 Prasobh proceeded to the site in a Jeep bearing number KL-01- CH-

8041 with the investigation kit and reached at the place of incident at B.A.No.7572/2023

..3..

00.15 HRS and found the car. There were five passengers in the car, and

seeing the police party, they attempted to escape, and the police party

arrested the accused from the site. Thereafter, in the presence of

Thirurangadi Police Inspector, a search was conducted on the body of the

accused in the presence of independent witnesses at 01.01 Hrs and

detected 4.91 grams of MDMA from the custody of 1st accused, 4.46

grams of MDMA from the custody of 2nd accused, 4.25 grams of MDMA

from the custody of 3rd accused and 3.63 grams of MDMA from the

custody of 4th accused along with other personal properties 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

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

since 01/08/2023, and continued custody of the petitioner is unnecessary.

5. The learned public prosecutor opposed the petition. The learned Public

Prosecutor makes available the Chemical Analysis report for perusal,

which shows that the contraband seized is Methamphetamine and not

MDMA. Learned counsel for the petitioner argued that this is a case

wherein the 1st accused died while in police custody, and the above case

is framed only to save the face of the police and to ward off the B.A.No.7572/2023

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allegations against them.

5. After considering the rival submissions and taking into

account the fact that the Chemical Analysis Report shows that the

contraband seized is Methamphetamine that too in intermediate quantity,

the fact that the petitioner has been in custody since 01/08/2023, the

allegations made against the police in this case, that the prosecution raises

no apprehension that if released on bail the petitioner is likely to abscond,

that no other criminal antecedents have been reported against the

petitioner, I hold that the petitioner can be enlarged on bail.

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;

(iv) The petitioner shall not involve in any other crime while on

bail.

B.A.No.7572/2023

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(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.7572/2023

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APPENDIX OF BAIL APPL. 7572/2023

PETITIONER ANNEXURES

Annexure 1 TRUE COPY OF THE FIR DATED 1.8.2023 IN CRIME NO. 855/2023 OF TANUR POLICE STATION.

Annexure 2              CERTIFIED   COPY OF   THE   ORDER   IN
                        CRL.M.P.     NO.   1991/2023     DATED
                        17.08.2023 ON THE FILE OF SPECIAL
                        COURT FOR SC/ST (POA) ACT & NDPS ACT
                        CASES, MANJERI.