[Cites 4, Cited by 0]
Kerala High Court
Mohammed Anees,S/O.Moideen vs State Of Kerala on 15 December, 2025
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 11219 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 15TH DAY OF DECEMBER 2025 / 24TH AGRAHAYANA, 1947
CRL.MC NO. 11219 OF 2025
CRIME NO.662/2022 OF MANKADA POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED 28.07.2025 IN SC NO.846 OF
2023 OF SPECIAL COURT (ATROCITIES AGAINST SC/ST), MANJERI
PETITIONER/RESPONDENT/ACCUSED:
MOHAMMED ANEES,
S/O.MOIDEEN,
AGED 29 YEARS
ATHIMANNIL HOUSE, P.O.NARUKARA, MANJERI, ERNAD TALUK,
MALAPPURAM DISTRICT, PIN - 679122
BY ADVS.
SRI.NIREESH MATHEW
SRI.VIVEK VENUGOPAL
RESPONDENT/PETITIONER/STATE & COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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C.S.DIAS, J.
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CRL.MC No.11219 OF 2025
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Dated this the 15th day of December, 2025
ORDER
The petitioner is the accused in S.C.No.846/2023
on the file of the Special Court for SC/ST (PoA) Act and
NDPS Act Cases, Manjeri ('Trial Court', for brevity),
which has originated from Crime No.662/2022 registered
by the Mankada Police Station, Malappuram District, for
allegedly committing the offences punishable under
Section 22(b) of the Narcotic Drugs and Psychotropic
Substances Act, 1985. ('Act' in short).
2. By Annexure 1 order, the Trial Court had
enlarged the petitioner on bail subject to the specific
condition that he shall not get involved in any other
offence while he is on bail. Alleging that the petitioner
got involved in Crime No. 1420/2024 registered by the
Perinthalmanna Police Station for committing the
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offence punishable under Section 22(c) of the Act, the
Investigating Officer in the first crime filed Crl.M.P.No.
1/2024 before the Trial Court to cancel Annexure 1
order. By Annexure 4 order, the Trial Court has
cancelled Annexure 1 order on the ground of post-bail
misconduct. Annexure 4 order is erroneous and
unsustainable in law. The Trial Court has failed to
consider the law laid down by this Court in Jamsheer Ali
vs. State of Kerala (2025 KHC 332), wherein this Court
has specifically held that the registration of the second
crime ipso facto need not result in cancellation of bail.
The Trial Court is bound to conduct a summary enquiry
as laid down by the Hon'ble Supreme Court in Dataram
Singh vs The State Of Uttar Pradesh and another (2018
(3) SCC 22). A reading of Annexure 4 order substantiates
that the Trial Court has not conducted any summary
enquiry as laid down in the aforesaid decisions.
Therefore, Annexure 4 order is erroneous and
unsustainable in law.
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3. I have heard the learned counsel for the
petitioner and the learned Public Prosecutor.
4. The learned counsel for the petitioner
submits that a reading of Annexure 4 order shows that
the Trial Court has not held any summary enquiry as laid
down in Jamsheer Ali's case; instead, the Trial Court has
perfunctorily cancelled Annexure 1 order, which is
unsustainable in law and untenable.
5. The learned Public Prosecutor opposes
the Crl.M.C. He submits that the petitioner is a habitual
offender. He has got involved in a third crime now.
Moreover, the arrest memo was produced along with the
Annexure 5 cancellation application, which clearly
reveals that the petitioner is involved in a second crime.
There is no error or illegality in Annexure 4 order
warranting interference by this Court. Hence, the
Criminal M.C may be dismissed.
6. By Annexure 1 order, the petitioner was
enlarged on bail subject to the specific condition that he
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shall not get involved in any other offence during the
currency of the bail order. Annexure 2 FIR does not
name any accused persons. However, a reading of
Annexure 5 application, filed by the Investigating Officer
to cancel Annexure 1 bail order, it is seen that the arrest
memo was also produced along with the said application.
It is based on the said material that the Trial Court, by
the impugned Annexure 4 order, has cancelled Annexure
1 bail order.
7. On a close scrutiny of Annexure 4 order, I
find that the Trial Court has not embarked on any
summary enquiry as per the principles laid down by this
Court in Jamsheer Ali's case. Instead, the Trial Court has
merely relied on the involvement of the petitioner in
subsequent crime for cancelling the bail. Thus, the Trial
Court has not stated reason for cancelling the bail on the
basis of the principles laid down by Jamsheer Ali's case.
Therefore, I am of the definite view that the Trial Court
is to be directed to reconsider the matter after hearing
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the petitioner as well as the prosecution and decide the
application as per the principles laid down in the
aforesaid contentions.
In the result, the Crl.M.C. is allowed in the
following manner.
(i) Annexure 4 order is set aside.
(ii) The Trial Court is directed to reconsider
Annexure 5 application, in accordance with law, after
affording the petitioner and the Investigating Officer,
untrammelled by any observation made in this order.
Sd/-
C.S.DIAS, JUDGE
SLR
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APPENDIX OF CRL.MC NO. 11219 OF 2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY THE ORDER DATED 21.02.2023 IN
CRL.MP.NO.414/2023 PASSED BY THE SPECIAL
COURT FOR SC/ST (POA) ACT & NDPS ACT
CASES, MANJERI
Annexure 2 TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO.1420/2024 OF PERINTHALMANNA
POLICE STATION, MALAPPURAM DISTRICT
Annexure 3 TRUE COPY THE ORDER DATED 13.01.2025 IN
B.A NO.149/2025 PASSED BY THIS HON'BLE
COURT
Annexure 4 TRUE COPY OF THE ORDER DATED 28.07.2025
IN CRL.M.P. NO.01/2024 IN S.C. NO.
846/2023 PASSED BY THE SPECIAL COURT FOR
SC/ST (POA) ACT & NDPS ACT CASES; MANJERI
Annexure 5 TRUE PHOTOCOPY OF THE PETITION DATED
30.07.2024 FILED BEFORE THE SPECIAL COURT
FOR NDPS ACT CASES, MANJERI, BY THE
PROSECUTION FOR CANCELLING THE BAIL.
