Kerala High Court
Mujeeb vs State Of Kerala on 16 April, 2025
2025:KER:32596
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
WEDNESDAY, THE 16TH DAY OF APRIL 2025 / 26TH CHAITHRA, 1947
BAIL APPL. NO. 5473 OF 2025
CRIME NO.49/2023 OF TRIVANDRUM EXCISE RANGE OFFICE,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED IN BAIL APPL. NO.8701
OF 2024 OF HIGH COURT OF KERALA
PETITIONER/3RD ACCUSED:
MUJEEB
AGED 34 YEARS
S/O. HAJA, TC 45/383, POTHUVAL PURAYIDAM VEEDU,
BHEEMAPALLI, MUTTATHARA VILLAGE,
THIRUVANANTHAPURAM, PIN - 695008
BY ADVS.
VISHNU BHUVANENDRAN
B.ANUSREE
SREELAKSHMI B.
NOYAL JOHNY
ABDUL FATHAH
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
SRI.RENJIT GEORGE, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA.No.5473 OF 2025
2
2025:KER:32596
C.PRATHEEP KUMAR, J.
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Bail Application No.5473 of 2025
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Dated 16th April, 2025
ORDER
1. This is an application for regular bail filed under Section 483 B.N.S.S. by
the accused No.3 involved in Crime No.49 of 2023, Excise Range Office,
Thiruvananthapuram. The offences alleged against the petitioner are under
Sections 29, 20(b) (ii) (C), 25 of Narcotic Drugs and Psychotropic
Substances Act 1985.
2. The Prosecution case is that the accused persons 1 & 2 procured 55.680 kg
of Ganja from Andhra Pradesh as per the instructions of accused persons
3 & 4 and brought the same to Kerala in a Maruti Suzuki Dzire car
bearing reg.no.KL-20-M-1229. The accused is in custody since
21.09.2023.
3. According to the learned counsel for the petitioner, this is a false case
foisted against him and also that he is innocent.
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4. When the matter came up for arguments, the learned counsel for the
petitioner passed over to me an order passed by the Additional Sessions
Judge II, Thiruvananthapuram, dated 08.04.2025 granting bail to the 2 nd
accused in the very same crime. He was also arrested on the same day like
the petitioner herein.
5. The learned Public Prosecutor also submitted after verification that, in the
same case, accused persons 2 & 4 were already released on bail. Since the
petitioner herein also stands in a same pedestal and he is in custody since
21.09.2023 and there is no other offences of like nature against the
petitioner, he is also entitled to get bail.
6. Considering the entire facts, I am inclined to allow this application,
subject to the following conditions :-
(i) The petitioner is released on bail on executing bond for
Rs.50,000/- (fifty thousand only) with two solvent sureties
for the like sum to the satisfaction of the Court below.
(ii) The petitioner shall report before the Investigating
Officer, on every Wednesday between 10.00 am and 11.00
am till the final report is filed or till the end of June, 2025,
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whichever is earlier.
(iii) The petitioner shall co-operate with the investigation. He
shall not intimidate or influence the witnesses or tamper with
the evidence.
(iv) The petitioner shall not involve himself in similar
offence while on bail.
(v) In case of violation of any of the bail conditions, the
Investigating Officer can approach the jurisdictional
Magistrate for cancellation of bail.
Sd/-
C.PRATHEEP KUMAR
JUDGE
Pvv
