Kerala High Court
Muhammed Junaid vs State Of Kerala on 11 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
Bail Appl. Nos.8252/2025, 7763/2025
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2025:KER:51160
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 11TH DAY OF JULY 2025 / 20TH ASHADHA, 1947
BAIL APPL. NO. 8252 OF 2025
CRIME NO.468/2025 OF THIRURANGADI POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED 24.06.2025 IN Bail Appl.
NO.7761 OF 2025 OF HIGH COURT OF KERALA
PETITIONER(S)/ACCUSED NO.2 AND 3:
1 MUHAMMED JUNAID
AGED 24 YEARS
S/O MUSTHAFA, KALLAN (H), PARAKKADAVU,
MOONNIYUR P.O, MALAPPURAM, PIN - 676311.
2 JABIR HUSSAIN
AGED 24 YEARS
S/O SAKEER, VILAKANDATHIL (H), CK NAGAR,
TIRURANGADI, MALAPPURAM, PIN - 676306.
BY ADVS.
SMT.KRISHNAPRIYA SREEKUMAR
SHRI.VISMAY SREEPRAKASH
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
SRI. PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.07.2025,
ALONG WITH Bail Appl..7763/2025, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Bail Appl. Nos.8252/2025, 7763/2025
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2025:KER:51160
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 11TH DAY OF JULY 2025 / 20TH ASHADHA, 1947
BAIL APPL. NO. 7763 OF 2025
CRIME NO.468/2025 OF THIRURANGADI POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED 10.06.2025 IN CRMP NO.642
OF 2025 OF SPECIAL COURT (ATROCITIES AGAINST SC/ST), MANJERI
PETITIONER(S)/ACCUSED NO.1:
MUSHRAF MUSTHAFA U
AGED 25 YEARS
S/O. MUSTHAFA, UNNIYALUNGAL HOUSE,
KODINJI ROAD, CHEMMAD, TIRURANGADI P.O,
MALAPPURAM DISTRICT, PIN - 676306.
BY ADV SRI.P.C.MUHAMMED NOUSHIQ
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
SRI. PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.07.2025,
ALONG WITH Bail Appl..8252/2025, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Bail Appl. Nos.8252/2025, 7763/2025
3
2025:KER:51160
BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8252 & 7763 of 2025
...................................................
Dated this the 11th day of July, 2025
ORDER
These bail applications are filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner in B.A.No.7763/2025 is the first accused while the petitioners in
B.A.No.8252/2025 are accused 2 and 3 in Crime No.468/2025 of
Thirurangadi Police Station, Malappuram District; registered for the
offences punishable under Sections 22(b) and 29 of the Narcotic Drugs
and Psychotropic Substances Act, 1985 [for short, 'NDPS Act'].
3. The prosecution case is that, on 19.05.2025, the accused were found in
possession of 1.59 grams. of MDMA, and thereby committed the offences
alleged. The first accused was arrested on 19.05.2025 while accused
Nos.2 and 3 were arrested on 20.05.2025 and they have been in custody
since then.
4. Heard Sri.Muhammed Noushiq, the learned counsel for the petitioner in
B.A.No.7763/2025 and Sri.Vismay Sreeprakash, the learned counsel for
the petitioner in B.A.No.8252/2025 as well as the learned Public
Prosecutor.
5. The learned Counsel for the petitioners contended that the prosecution
Bail Appl. Nos.8252/2025, 7763/2025
2025:KER:51160
allegations are false and that since petitioners have been in custody from
19.05.2025 and 20.05.2025 respectively, they ought to be released on
bail.
6. The learned Public Prosecutor opposed the bail application and submitted
that petitioners ought not to be released on bail. It was further submitted
that the first accused is involved in two other crimes under the NDPS Act
both of which were for possession of small quantities of contraband.
7. Since the nature of contraband seized is found to be MDMA and the
quantity of 1.59 grams falls under the category of intermediate quantity,
the rigour under Section 37 of the NDPS Act does not apply. Since the
petitioners have been in custody from 19.05.2025 and 20.05.2025
respectively and as there is no possibility of an immediate trial, I am of
the view that their further detention is not necessary. Though the learned
Public Prosecutor pointed out that the first accused is involved in two
other crimes under the NDPS Act, the said antecedents need not deter
this Court from granting bail to the petitioners. Therefore, petitioners are
entitled to be released on bail.
8. In the result, this bail application is allowed on the following conditions:-
(a) Petitioners shall be released on bail on each of them 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) Petitioners shall appear before the Investigating Officer as and
when required.
(c) Petitioners shall not intimidate or attempt to influence the
witnesses; nor shall they tamper with the evidence.
Bail Appl. Nos.8252/2025, 7763/2025
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(d) Petitioners shall not commit any similar offences while they are
on bail.
(e) Petitioners shall not leave India without the permission of the
Court having jurisdiction.
In case of violation of any of the above conditions or if any modification
or deletion of the conditions are required, the jurisdictional Court shall be
empowered to consider such applications, if any, and pass appropriate
orders in accordance with law, notwithstanding the bail having been
granted by this Court.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/11/07/2025
Bail Appl. Nos.8252/2025, 7763/2025
2025:KER:51160
APPENDIX OF BAIL APPL. 7763/2025
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE ORDER DATED 10.06.2025 IN
CRL MP NO.642 OF 2025 ON THE FILES OF SPECIAL
COURT FOR SC/ST (POA) ACT & NDPS CASES,
MANJERI.
Bail Appl. Nos.8252/2025, 7763/2025
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APPENDIX OF BAIL APPL. 8252/2025
PETITIONER ANNEXURES
ANNEXURE 1 A TRUE COPY OF THE FIR IN CRIME NO. 468 OF
2025, TIRURANGADI POLICE STATION.
ANNEXURE 2 A TRUE COPY OF THE ORDER DATED 10/6/2025 IN
CRL. MC 648/2025 IN CRIME NO. 468/2025,
THIRURANGADI POLICE STATION ON THE FILES OF
THE HON'BLE SPECIAL COURT FOR SC/ST (POA) AND
NDPS ACT CASES, MANJERI.
ANNEXURE 3 A TRUE COPY OF THE ORDER DATED 10/6/2025 IN
CRL. MC 647/2025 IN CRIME NO. 468/2025,
THIRURANGADI POLICE STATION ON THE FILES OF
THE HON'BLE SPECIAL COURT FOR SC/ST (POA) AND
NDPS ACT CASES, MANJERI.
