Kerala High Court
Muhammed Ashiq vs State Of Kerala on 14 May, 2024
B.A.3207/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
BAIL APPL. NO. 3207 OF 2024
CRIME NO.453/2024 OF PALARIVATTOM POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.1029 OF 2024 OF
ADDITIONAL DISTRICT COURT (ADHOC), ERNAKULAM
PETITIONER/ACCUSED:
MUHAMMED ASHIQ
AGED 23 YEARS
S/O SHAHUL HAMEED, PULIPARAMBIL HOUSE, NILAMBOOR P.O.,
CHATHANKUNNU, CHARAMKULAM, MALAPPURAM DIST., PIN - 679329
BY ADVS.
M.J.SANTHOSH
ANTONY PAUL
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
SR. PUBLIC PROSECUTOR SRI. SANGEETH NAIR N.R.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.05.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.3207/24 2
MOHAMMED NIAS C.P., J
...........................................................
B.A. No.3207 of 2024
.............................................................
Dated this the 14th day of May, 2024
ORDER
This is an application filed under Section 439 of the Code of Criminal
Procedure seeking regular bail.
2. The petitioner is the accused in Crime No. 453/2024 of Palarivattom Police
Station, Ernakulam district for having committed offences punishable under Sections
8(c), 22(b) and 20(b)(ii)A of the Narcotic Drugs and Psychotropic Substances Act,
1985 (for short, 'NDPS Act').
3. The prosecution allegation is that, on 24.01.2024 in the early hours, the
accused was found in possession of 4.5 grams of MDMA in a room in Moidu 's lodge
at Palarivattom Junction and thereby committed the offence. The petitioner was
arrested on 21.03.2024 and he is in judicial custody since then.
4. The learned counsel appearing for the petitioner would say that the petitioner
is innocent and has been falsely implicated in this crime. At any rate, he points out
that the petitioner has been in custody since 21.03.2024, and continued custody of the
petitioner is unnecessary.
5. The learned Public Prosecutor opposed the petition.
6. Taking into account the fact that the quantity of the contraband seized is only
4.5 grams, that the petitioner was in judicial custody since 21.03.2024, the submission
of the learned Public Prosecutor that no antecedents are reported against the petitioner
and also since there is no apprehension raised by the prosecution that if released on
bail the petitioner is likely to abscond, I am inclined to grant bail to the petitioner.
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 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
okb/
APPENDIX OF BAIL APPL. 3207/2024
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO. 453/2024
OF PALARIVATTOM POLICE STATION
Annexure A2 THE TRUE FREE COPY OF BAIL ORDER IN CRL. M.C.
B.A.3207/24 5
