Kerala High Court
Noushid Babu vs State Of Kerala on 3 October, 2024
Author: C.S.Dias
Bench: C.S.Dias
BAIL APPL. NO. 6541 OF 2024
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2024:KER:73243
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
BAIL APPL. NO. 6541 OF 2024
CRIME NO.215/2024 OF Pandikad Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN CRMP NO.735 OF 2024
OF SPECIAL COURT (ATROCITIES AGAINST SC/ST), MANJERI
PETITIONER/S:
NOUSHID BABU,
AGED 32 YEARS
S/O SHAMSUDHEEN, KAIPPANCHERI HOUSE, PULLANGODE
P.O, UDARAMPOYIL, CHEKKODE, MALAPPURAM, PIN -
676525
BY ADVS.
THOMAS J.ANAKKALLUNKAL
ANUPA ANNA JOSE KANDOTH
JAYARAMAN S.
DHANYA SUNNY
ANN MILKA GEORGE
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
SR PP SMT SEETHA S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 6541 OF 2024
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C.S.DIAS,J
--------------------------------------------
Bail Application No.6541 of 2024
---------------------------------------------
Dated this the 3rd day of October, 2024
ORDER
The application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (in short,
'BNSS'), by the 2nd accused in Crime No.215/2024 of the
Pandikad Police Station, Malappuram, which is registered
against two accused persons for allegedly committing the
offence punishable under Section 22(c) of the Narcotic
Drugs and Psychotropic Substances Act, 1985 (in short,
'the Act'). The petitioner was arrested and remanded to
judicial custody on 05.03.2024.
2. The gist of the prosecution case is that : on
05.03.2024, at around 01:15 hours, the accused were
found in conscious possession of 19.55 grams of MDMA,
which was meant for sale. The 1st accused was arrested on
the spot. Subsequently, during the course of the
investigation, the 2nd accused was implicated as an
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accused. Thus, the accused have committed the above
offences.
3. Heard; Sri.Thomas J. Anakkallunkal, the learned
counsel appearing for the petitioner and Smt.Seetha S.,
the learned Public Prosecutor.
4. The learned counsel for the petitioner submitted
that the petitioner is innocent of the accusations leveled
against him. There is no material to substantiate the
petitioner's culpability in the crime. The Investigating
Officer has implicated the petitioner in the case solely on
the basis of the confession of the 1 st accused, which is
inadmissible in evidence in view of the law laid down by
the Honourable Supreme Court in Tofan Singh vs. State
of Tamil Nadu [2020 (6) KHC 111]. In any given case,
the petitioner has been in judicial custody for the last 111
days, the investigation in the case is practically complete
and recovery has been effected. Furthermore, as per the
Chemical Analysis Report submitted by the Regional
Chemical Examiner's Laboratory, Kozhikkode dated
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01.04.2024 it has turned out that the contraband is
'methamphetamine' and not 'MDMA'. Therefore, the
contraband is of an intermediate quantity. Hence, the
rigour under Section 37 of the Act does not apply to the
facts of the case. Therefore, the application may be
allowed.
5. The learned Public Prosecutor opposed the
application. She submitted that the petitioner is a habitual
offender, since he is involved in two other crimes
including a crime for committing an offence under the
Act. If the petitioner is enlarged on bail, there is every
likelihood of him committing similar offences.
Nonetheless, she did not dispute the fact that the
contraband involved in the case is now found to be
'methamphetamine' and not 'MDMA' as per the Chemical
Analysis Report referred to above.
6. The prosecution case is that the 1 st accused was
found in conscious possession of 19.55 grams of MDMA.
During the course of the investigation, it was found that
the petitioner is also involved in the case. Consequently,
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he was implicated as an accused. Admittedly, as per the
Chemical Analysis Report, the contraband involved in the
case is 'methamphetamine' and not 'MDMA'. Therefore,
the contraband is of an intermediate quantity.
7. On an overall consideration of the facts, rival
submissions made across the Bar and the materials placed
on record, particularly on considering the fact that the
contraband involved in the case is of an intermediate
quantity, the petitioner has been in judicial custody for the
last 111 days, the investigation in the case is complete
and recovery has been effected, I am of the firm view that
further detention of the petitioner is unnecessary. Hence,
I am inclined to allow the application.
In the result, the application is allowed, by
directing the petitioner to be released on bail on him
executing a bond for Rs.1,00,000/- (Rupees One lakh only)
with two solvent sureties each for the like sum, to the
satisfaction of the court having jurisdiction, which shall be
subject to the following conditions:
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(i) The petitioner shall appear before the
Investigating Officer on every Saturday between
9 a.m. and 11 a.m for a period of two months or
till the final report is filed, whichever is earlier.
He shall also appear before the Investigating
Officer as and when required;
(ii) The petitioner shall not directly or indirectly
make any inducement, threat or procure to any
person acquainted with the facts of the case so
as to dissuade him from disclosing such facts to
the court or to any Police Officer or tamper with
the evidence in any manner, whatsoever;
(iii) The petitioner shall not commit any offence
while he is on bail;
(iv) The petitioner shall surrender his passport, if
any, before the court below at the time of
execution of the bond. If he has no passport, he
shall file an affidavit to the effect before the
court below on the date of execution of the
bond;
(v) In case of violation of any of the conditions
mentioned above, the jurisdictional court shall
be empowered to consider the application for
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cancellation of bail, if any filed, and pass orders
on the same, in accordance with law.
(vi) Application for deletion/modification of the bail
conditions shall be filed and entertained before
the court below.
(vii) Needless to mention, it would be well within the
powers of the Investigating Officer to
investigate the matter and, if necessary, to effect
recoveries on the information, if any, given by
the petitioner even while the petitioner is on bail
as laid down by the Hon'ble Supreme Court in
Sushila Aggarwal v. State (NCT of Delhi)
and another [2020 (1) KHC 663].
sd/-
C.S.DIAS,JUDGE
rkc/03.10.24
BAIL APPL. NO. 6541 OF 2024
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APPENDIX OF BAIL APPL. 6541/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR IN CRIME NO.
215/2024 OF PANDIKKAD POLICE STATION,
MALAPPURAM
Annexure A2 TRUE COPY OF THE ORDER DATED 12.07.2024
IN CRL M.P NO.735/2024 IN CRIME
NO.215/2024, PANDIKKAD POLICE STATION
