Kerala High Court
Muhammed Azharudheen @ Ajookka vs State Of Kerala on 19 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 9665 OF 2025
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2025:KER:62515
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 19TH DAY OF AUGUST 2025 / 28TH SRAVANA, 1947
BAIL APPL. NO. 9665 OF 2025
CRIME NO.709/2025 OF KAYAMKULAM POLICE STATION, ALAPPUZHA
AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.958 OF 2025 OF
DISTRICT & SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY,
ALAPPUZHA
PETITIONER(S)/ACCUSED NO.5:
MUHAMMED AZHARUDHEEN @ AJOOKKA
AGED 29 YEARS
S/O USMAN HAJI, BELIYATH HOUSE,
YEMMEMADU P.O., MADIKKIRI POST,
KUDAGU DIST, KARNATAKA, PIN - 571214.
BY ADVS. SRI.M.J.SANTHOSH
SHRI.ANTONY PAUL
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY STATE OF KERALA,
REP. BY THE PUBLIC PROSECUTOR,
DISTRICT COURT, ALAPPUZHA., PIN - 682031.
BY SRI. NOUSHAD K. A., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.08.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 9665 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.9665 of 2025
...................................................
Dated this the 19th day of August, 2025
ORDER
This bail application is filed under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the 5th accused in Crime No.709/2025 of Kayamkulam Police
Station, Alappuzha; registered for the offences punishable under
Sections 22(c), 8(c), 27A and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 [for brevity, 'NDPS Act'].
3. The prosecution case is that, the accused had handed over 21.180
grams of MDMA to accused Nos.1 and 2 at Bangalore, and thereby
committed the offences alleged. Petitioner was arrested on 29.06.2025
and he has been in custody since then.
4. Sri.Santhosh.M.J., the learned counsel for the petitioner submitted that
petitioner was produced before the Magistrate in violation of the Article
22(2) of the Constitution of India. It was pointed out that the petitioner
was taken into custody by 10 a.m on 29.06.2025 and was produced
before the Magistrate only on 30.06.2025 at 4 p.m. and therefore, he is
entitled to be released on bail.
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5. Sri.Noushad K.A., the learned Public Prosecutor, on the other hand
submitted that the petitioner was taken into custody from Kodagu
District in Karnataka and was transported to the Kayamkulam Police
Station only by 4 am on 30.06.2025 and in the said period of journey
ought to be excluded while considering the 24 hour window in Article
22(2) of the Constitution of India, apart from Section 58 of BNSS.
According to the learned Public Prosecutor, the production of the
petitioner at 4 p.m on 30.06.2025 is therefore within the time, and
therefore, petitioner is not entitled to be released on bail.
6. I have considered the rival contentions.
7. The production of the accused within 24 hours of he being taken into
custody is a constitutional requirement apart from being mandatory
under Section 58 of BNSS. This Court had already considered all these
issues in Biswajit Mandal v. Inspector, Narcotic Control Bureau
2025 KHC Online 874.
8. In the instant case it is evident from Anenxure-A2 that petitioner was
taken into custody at 10 a.m. on 29.06.2025, which was not disputed.
He was brought to Kayamkulam Police Station by 4 a.m. on 30.06.2025
and his arrest was recorded at 09.03 a.m. However, as is evident from
Annetxure-A1, an observation in the order of the Sessions Court,
Alappuzha, referring to the custody memo, indicates that the petitioner
was produced before the Magistrate's court only at 4 p.m. on
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30.06.2025. It is evident that the petitioner was detained without the
authority of the Magistrate beyond the period of 24 hours. In such
circumstances, petitioner is entitled to be released on bail.
9. In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him 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 court
having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as
and when required.
(c) Petitioner shall not intimidate or attempt to influence the
witnesses; nor shall he tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is
on bail.
(e) Petitioner shall not leave the State of Kerala until
conclusion of trial.
In case of violation of any of the above conditions, or for modification or
deletion of any of the conditions, the jurisdictional Court shall be
empowered to consider such applications, if any, and pass appropriate
orders in accordance with the law, notwithstanding the bail having been
granted by this Court.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/19/08/2025
BAIL APPL. NO. 9665 OF 2025
2025:KER:62515
APPENDIX OF BAIL APPL. 9665/2025
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE ORDER IN CRL. M. C. NO.
958/2025 OF HON'BLE SESSIONS COURT, ALAPPUZHA
DATED 06/08/2025.
ANNEXURE A2 TRUE COPY OF REMAND REPORT OF PETITIONER/5TH
ACCUSED IN CRIME NO. 709/2025 OF KAYAMKULAM
POLICE STATION DATED 30/06/2025.
ANNEXURE A3 TRUE COPY OF JUDGMENT IN 2025 (2) KHC 45
DIRECTORATE OF ENFORCEMENT V. SUBHASH SHARMA.
ANNEXURE A4 TRUE COPY OF JUDGMENT IN SHAHINA V. STATE OF
KERALA 2025 KHC 706.
ANNEXURE A5 TRUE COPY OF JUDGMENT IN 2025 KHC 6116 VIHAAN
KUMAR V. STATE OF HARYANA.
ANNEXURE A6 TRUE COPY OF JUDGMENT IN 2024 KHC 6286 PRABIR
PURKAYASTHA V. STATE (NCT OF DELHI).
ANNEXURE A7 TRUE COPY OF JUDGMENT IN 2025 KHC 7235 ASHISH
KAKKAR VS. U.T. OF CHANDIGARH.
