Kerala High Court
Mohammed Ajinas M.K vs State Of Kerala on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 3053 OF 2024
CRIME NO.731/2022 OF Kannur Town, Kannur
AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. NO.5207 OF 2022 OF
HIGH COURT OF KERALA
PETITIONER:
MOHAMMED AJINAS M.K
AGED 24 YEARS
S/O. ABDULLA, M.K.HOUSE, KOLATHUVAYAL, ANCHAMPEEDIKA
P.O, KANNUR DISTRICT, PIN - 670331
BY ADVS.
K.ABOOBACKER SIDHEEQUE
VIPIN SURENDRAN
RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM DISTRICT, PIN - 682031
PUBLIC PROSECUTOR C.K.SURESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 3053 of 2024 2
VIJU ABRAHAM, J.
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B.A. No. 3053 of 2024
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Dated this the 19th day of April, 2024
ORDER
The above bail application has been placed
before me by another learned Judge since the
earlier bail application was considered by this
Court as per Annexure A1 order.
2. Petitioner is the sole accused in Crime
No.731 of 2022 of Kannur Town Police Station,
Kannur District registered alleging commission of
offences punishable under Sections 20(B)(IIA) and
22(C) of the Narcotics Drugs and Psychotropic
Substances Act 1985 (in short, "NDPS Act").
3. The prosecution case is that on 25.05.2022
at about 3.30 a.m., while the police party was
conducting night patrolling duty, the accused was
found in possession of 20 grams of MDMA and 11
bottles of hashish oil for sale in a vehicle
bearing Registration No. KL59 T 2390 in front of
Kailash Hotel Yogashala Road, Kannur and thus
committed the abovesaid offences.
4. After considering the facts and circumstances
of the case, this court granted bail to the
petitioner as per Annexure A1 order on conditions
including a condition that he shall not get
involved in any other crime while on bail.
Petitioner submits that for the alleged involvement
in another crime thereafter, i.e., Crime No. 236 of
2023 of Valapattanam Police Station for the offence
punishable under Sections 392, 323, 364A and 365
r/w Section 34 IPC, the bail granted was cancelled
by Annexure A2 order. Petitioner submits that he
was released on bail in the said crime by the
Sessions Court, Thallassery on 25.05.2023 in Crl.
M.C. No. 911 of 2023. Petitioner further submits
that after cancellation of the bail as per Annexure
A2 order, he is in custody from 12.03.2024 onwards.
Though he moved the Special Court seeking bail, the
same was rejected by Annexure A3. Petitioner
further submits on the basis of the judgment of the
Apex Court in X v. State of Telangana and Others,
(2018) 16 SCC 511 that bail once granted should not
be cancelled in a mechanical manner.
5. Learned Public Prosecutor opposed the
application for bail and submitted that since he
has violated the conditions in the bail order,
there is every chance for him to get involved in
other crimes and to abscond since he did not
surrender pursuant to Annexure A2 order whereby his
bail was cancelled.
6. The petitioner is in custody from 12.03.2024
onwards. He has been granted bail by the Sessions
Court Thallasery in the crime he was subsequently
involved after he has undergone 78 days of
confinement.
Considering the above facts and circumstances of
the case and that he has already been granted bail
in the subsequent crime, I am inclined to grant
bail to the petitioner on stringent conditions.
(i) The petitioner shall execute a bond
for Rs.50,000/- (Rupees fifty thousand
only) with two solvent sureties each for
the likesum to the satisfaction of the
jurisdictional court.
(ii) He shall appear before the
investigating officer on every 2nd Saturday
at 11.00 am till completion of trial.
(iii) He shall surrender his passport
before the jurisdictional court. If the
petitioner does not have a passport, or he
has already surrendered the same, he shall
execute an affidavit to that effect and
file the same before the said court within
seven days of release on bail.
(iv) He shall not attempt to interfere
with the investigation or to influence any
witness in the abovesaid crime.
(v) He shall not involve in any other
crime while on bail.
(vi) He shall appear on all postings
before the trial court except specifically
exempted by the court.
If any of the aforesaid conditions are
violated, the investigating officer in Crime No.731
of 2022 of Kannur Town Police Station, Kannur
District may file an application before the
jurisdictional court, for cancellation of bail.
Sd/-
VIJU ABRAHAM,JUDGE
pm
APPENDIX OF BAIL APPL. 3053/2024
PETITIONER'S ANNEXURES
Annexure-A1 A TRUE COPY OF THE ORDER DATED
10.08.2022 IN BAIL APPLICATION NO. 5207
OF 2022 OF THIS HON'BLE COURT.
Annexure-A2 A TRUE COPY OF THE ORDER DATED
13.10.2023 IN CRL.M.P. NO. 537/2023 OF
COURT OF SPECIAL JUDGE (N.D.P.S. ACT
CASES), VADAKARA.
Annexure-A3 A TRUE COPY OF THE ORDER DATED
19.03.2024 IN CRL.M.P. NO. 231/2024 OF
THE COURT OF SPECIAL JUDGE (N.D.P.S.
ACT CASES), VADAKARA
Annexure 4 ORDER DATED 10-08-2022 IN BAIL
APPL.5207/2022 ON HIGH COURT
