Kerala High Court
Shabeer V.C vs State Of Kerala on 24 January, 2025
2025:KER:5651
B.A.No.956/2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 24TH DAY OF JANUARY 2025 / 4TH MAGHA, 1946
BAIL APPL. NO. 956 OF 2025
CRIME NO.764/2024 OF Sreekandapuram Police Station, Kannur
JUDGMENT DATED 09.12.2024 IN Bail Appl.No.10076 OF 2024 OF
HIGH COURT OF KERALA
PETITIONER/ACCUSED:
SHABEER V.C
AGED 42 YEARS
S/O. ABDUL RAHMAN, VARAMBU MURIYAN CHAPPAYIL, ADUKKAM,
CHENGALAYI, KANNUR, KERALA, PIN - 670631
BY ADVS.
K.N.ABHILASH
SUNIL NAIR PALAKKAT
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 STATION HOUSE OFFICER
SREEKANDAPURAM POLICE STATION, KANNUR DISTRICT, PIN -
670631
SRI.NOUSHAD.K.A, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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B.A.No.956/2025 2
ORDER
The accused in Crime No.764/2024 of Sreekandapuram Police
Station in Kannur District has filed this petition under Section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 for regular bail.
2. The prosecution case is that on 28.11.2024 at about 2:30
p.m, the petitioner was found to have been in possession of 2.2 gms of
MDMA at his house at the place called Adukkam. The offence is said
to have been detected by the S.I of Police, Sreekandapuram and his
team, consequent to a search conducted at the house of the petitioner.
Though the petitioner was apprehended from his house at that time,
he allegedly managed to escape from the custody after pushing away
the police personnel and taking to his heels. The police team claims to
have recovered 2.2 gms of MDMA and 35 packets containing zip locked
covers used for keeping narcotic drugs. The prosecution would further
allege that the mother of the petitioner obstructed the police personnel
to pave the way of escape of the petitioner. However, the petitioner
allegedly got injured while jumping over the compound wall of the
house, and was found lying with injuries. He was taken to the hospital
by the police and given treatment for the fracture of right femur.
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3. The petitioner filed B.A.No.10076/2024 before this Court
for pre-arrest bail. The above bail application was disposed of on
09.12.2024 with the direction to the petitioner to surrender before the
Investigating Officer within two weeks. Thereafter, the petitioner was
arrested on 10.12.2024 and remanded to judicial custody.
4. In the present petition, the petitioner would contend that
he is totally innocent and that he has been falsely implicated in this
case.
5. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
6. The bail application is strongly opposed by the learned
Public Prosecutor by pointing out the involvement of the petitioner in
another crime relating to the commission of the offence under Section
22(b) of the NDPS Act within the limits of Thrikkakkara Police Station
in the year 2021. It is also submitted by the learned Public Prosecutor
that the petitioner is the accused in Crime No.1287/2018 of
Sreekandapuram Police Station in connection with the commission of
rape and POCSO offences.
7. The learned counsel for the petitioner argued that there
are dubious circumstances relating to the detection of the offence and
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the events which resulted in the petitioner suffering serious injuries on
the same day. According to the learned counsel for the petitioner, the
indications in medical records relating to the treatment given to the
petitioner would go to show that he was brought to the hospital from
police custody. However, it is contended that the case projected by
the prosecution is that the petitioner managed to escape from custody.
Referring to Annexure-A4 F.I.R registered against the petitioner and his
mother for the commission of offence under Sections 262 and 263
read with Section 3(5) of Bharatiya Nyaya Sanhita (BNS), the learned
counsel pointed out that the case put forward by the prosecution in
the above F.I.R cannot be reconciled with the case projected in the
present crime.
8. The above reason stated by the learned counsel for the
petitioner cannot be taken into account for adopting a lenient view in
the matter of bail sought for by the petitioner. At the outset, it has to
be stated that there are no strange or suspicious circumstances in the
case of the prosecution about the escape of the petitioner from police
custody immediately after his apprehension. According to the
prosecution, the petitioner has been brought to the hospital by the
police after he was found lying injured consequent to his attempt to
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escape by jumping down from a wall. There is nothing unusual in the
indications in the hospital records that the petitioner was brought to
the hospital by the police. The whole incidents which eventually
resulted in the petitioner sustaining fracture to his right leg are stated
in the report submitted by the Investigating Officer on this bail matter.
At any rate, the petitioner cannot canvas the above events as a ground
to get released on bail. Having regard to the involvement of the
petitioner in earlier crimes, including offences under the NDPS Act and
POCSO Act, it is of no doubt that the release of the petitioner on bail
at this stage would not be in the interests of justice. The chances of
the petitioner absconding and involving in further crimes cannot be
ruled out. So also, the release of the petitioner on bail is likely to
affect the investigation in this case which is still in progress.
Therefore, I am of the view that the prayer in this petition for regular
bail cannot be allowed.
In the result, the petition is hereby dismissed.
(sd/-)
G. GIRISH, JUDGE
jsr
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APPENDIX OF BAIL APPL. 956/2025
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF FIR NO. 764/2024 DATED
29.11.2024 OF SREEKANDAPURAM POLICE STATION,
KANNUR DISTRICT
Annexure A2 TRUE COPY OF THE DISCHARGE CERTIFICATE OF THE
PETITIONER ISSUED BY GOVERNMENT MEDICAL
COLLEGE HOSPITAL, KANNUR, DATED 02.12.2024
Annexure A3 THE TRUE COPY OF THE CERTIFICATE DATED
03.12.2024 ISSUED BY HIGHLAND HOSPITAL
RESEARCH & DIAGNOSTIC CENTRE, MANGALORE
Annexure A4 A TRUE COPY OF FIR NO. 765/2024 DATED
29.11.2024 OF SREEKANDAPURAM POLICE STATION,
KANNUR DISTRICT
Annexure A5 THE TRUE COPY OF THE ORDER DATED 09.12.2024
