Kerala High Court
Milan Malik vs State Of Kerala on 18 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
BAIL APPL. NO. 7820 OF 2023
AGAINST THE ORDER/JUDGMENT CRMC 3066/2022 OF ADDITIONAL
DISTRICT COURT (ADHOC) III, PALAKKAD
(CRIME NO.3 OF 2022 OF RAILWAY POLICE STATION, SHORNUR,
PALAKKAD)
PETITIONERS
1 MILAN MALIK
AGED 43 YEARS
S/O MADURA MALIK, GUNJIMA, MADURA, ADAVA
P.O.,GAJAPATHI, ODISHA STATE, PIN - 761217
2 KUNAL MALABISEI
AGED 23 YEARS
S/O BAKTHI MALABISEI, SALAGUDA, ADAVA,P.O.,GAJAPATHI,
ODISHA STATE, PIN - 761217
3 FIROJ MAJHI
AGED 21 YEARS
S/O JAGO MAJHI, GUNJIMA, ADAVA P.O.,GAJAPATHI, ODISHA
STATE, PIN - 761217
4 KAMILA MAJHI
AGED 36 YEARS
S/O PANGA MAJHI, GUNJIMA, CHANDRAGIN MOHANA,
GAJAPATHI, ODISHA STATE, PIN - 761217
5 RAFEL MAJHI
AGED 37 YEARS
S/O MANGULA MAJHI, GUNJIMA, ADAVA P.O.,GAJAPATHI,
ODISHA STATE, PIN - 761217
BY ADVS.
DINESH MATHEW J.MURICKEN
VINOD S. PILLAI
NAYANA VARGHESE
MOHAMMED THAYIB N.M.
RIA VARGHESE
AHAMMAD SACHIN K.
B.A. No.7820 of 2023
2
RESPONDENTS
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM DISTRICT, PIN -
682031
OTHER PRESENT:
SRI.P.G.MANU(MAMALASSERY),SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No.7820 of 2023
3
MOHAMMED NIAS C.P, J.
---------------------------------------------
B.A. No. 7820 of 2023
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Dated this the 18th day of September , 2023.
ORDER
This application is filed under Section 439 of the Code of
Criminal Procedure seeking regular bail.
2. The petitioners are the accused Nos.1 to 5 in Crime
No.3 of 2022 of Railway police station, Palakkad, for having
committed offences punishable under Sections 22(b)(ii)© and 29
of the Narcotic Drugs and Psychotropic Substances Act.
3. The prosecution case is that at about 12.00 hours on
10.02.2022, when Train No.22642 Shalimar -
Thiruvananthapuram Express arrived at Platform No.3 of
Palakkad Junction Railway Station, the Police party conducted
train checking. While checking the S4 coach, the accused and
the 6th accused were found in possession of 46.686 Kilograms
of Ganja carried by the accused in different bags. Accordingly,
the accused were arrested, and the contraband was seized.
Pursuant to recovery and arrest, crime alleging commission of
B.A. No.7820 of 2023
offences punishable under Sections 20(b)(ii)C and 29 of the
Narcotic Drugs and Psychotropic Substances Act (`NDPS Act'
for short hereinafter) was registered.
4. The learned counsel appearing for the petitioners would
say that the petitioners are totally innocent of the allegations
levelled against them. At any rate, he points out that the
petitioners are in custody from 10.2.2022, and continued custody
of the petitioners is unnecessary.
5. The learned Public Prosecutor opposed the application.
6. In view of the order granting bail to the 6th accused in
B.A.No.4049 of 2023, relying on the decision reported in Fasil v.
State of Kerala and Another [2023 (3) KHC 212], bail can be
granted to the petitioner herein, against whom similar allegations
were made, and the petitioner was also arrested on 10-2-2022
along with the 6th accused. Taking into account the fact that he
has been in custody since 10-2-22, with no criminal antecedents
reported against the petitioners, I hold that bail can be granted to
the petitioner. Accordingly, the petition stands allowed, and the
petitioner can be enlarged on bail on the following conditions:
1. The petitioners shall be released on bail on executing a
B.A. No.7820 of 2023
bond for Rs.75,000/- (Rupees seventy-five thousand
only) with two solvent sureties each, from Kerala State
by offering security of their property while executing the
bond, by producing the relevant tax receipts along with
original title deeds for the perusal of the court and return
thereafter.
2. The petitioners shall produce their Identity Cards
issued by the Election Commission or Aadhaar cards
with an attested copy of the same and contact
numbers and also a letter from the S.H.O. of the police
station where she has been residing permanently, with
residential details and name of parents and siblings
with contact number of the S.H.O., before executing
the bond, in order to vouch and secure their presence
for trial and to avoid them flee from trial, after release
on bail.
3. The petitioners shall not intimidate the witnesses or
tamper with evidence
4. The petitioners shall co-operate with the investigation
and shall be available for trial. They shall appear before
the Investigating Officer every Tuesday between 9 a.m.
and 12 noon from the date of release on bail for a
B.A. No.7820 of 2023
period of two months.
5. The petitioners shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of this case so as to dissuade him from
disclosing such facts to the court or to any police
officer.
6. The petitioners shall surrender their passport, if any,
within seven days from the date of their release before
the trial court. If they have no passport, they shall file an
affidavit in this regard on the date of execution of the
bond or within three days thereafter.
7. The petitioners shall not leave the territory of Kerala
State without permission of the jurisdictional Court.
The petitioners shall not be involved in any other offence
during the currency of bail in any such event, if informed or
came to the notice of this Court, the same shall be a reason to
cancel the bail hereby granted.
Sd/-
MOHAMMED NIAS C.P
smm JUDGE
B.A. No.7820 of 2023
APPENDIX OF BAIL APPL. 7820/2023
PETITIONER ANNEXURES
Annexure A1 TRUE PHOTOCOPY OF THE ORDER PASSED BY
THIS HON'BLE COURT IN BAIL APPLICATION
NO:4049/2023 DATED 13.07.2023
Annexure A2 TRUE PHOTOCOPY OF THE COMMON ORDER IN
CRL.M.C NOS. 3036//2022, 3102/2022,
3103/2022, 3104/2022 AND 3105/2022
PASSED BY THE ADDITIONAL SESSIONS
COURT-III, PALAKKAD DATED 11.10.2022
