Kerala High Court
Noushad @ Rithu vs State Of Kerala on 5 June, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 7066 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 5TH DAY OF JUNE 2025 / 15TH JYAISHTA, 1947
BAIL APPL. NO. 7066 OF 2025
CRIME NO.47/2023 OF Ottapalam Police Station, Palakkad
AGAINST THE ORDER DATED 29.10.2024 IN Bail Appl. NO.7926
OF 2024 OF HIGH COURT OF KERALA
PETITIONER/ ACCUSED (IN CUSTODY FROM 23.08.2024) :
NOUSHAD @ RITHU
AGED 38 YEARS, S/O. ABDUL RAHIMAN,
KORATTIYIL HOUSE, POOLAKUNDU,
OTTAPALAM II VILLAGE, OTTAPALAM,
PALAKKAD DISTRICT, PIN - 679101
BY ADVS.
SRI.P.MOHAMED SABAH
SRI.LIBIN STANLEY
SMT.SAIPOOJA
SRI.SADIK ISMAYIL
SMT.R.GAYATHRI
SRI.M.MAHIN HAMZA
SHRI.ALWIN JOSEPH
RESPONDENT/ STATE & COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
BAIL APPL. NO. 7066 OF 2025
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2 THE STATION HOUSE OFFICER
OTTAPPALAM POLICE STATION,
OTTAPPALAM P.O, PALAKKAD DISTRICT,
PIN - 679101
SRI. NOUSHAD K.A., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 7066 OF 2025
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BECHU KURIAN THOMAS, J.
-----------------------------------
B.A. No.7066 of 2025
-------------------------------
Dated this the 5th day of June, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the accused in Crime No.47 of 2023 of Ottapalam
Police Station, Palakkad, which is now pending as S.C.No.269 of 2023 on the
files of the Additional Sessions Court-IV (Ad hoc-II), Palakkad. The offences
alleged against the petitioner are punishable under section 22(b) of the
Narcotic Drugs and Psychotropic Substances Act, 1985.
3. According to the prosecution, on 14.01.2023, at about 3.45 p.m.,
the petitioner was found in possession of 4.480 grams of MDMA from his
house and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioner as well as the
learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the
petitioner has been in custody since 23.08.2024.
6. The learned Public Prosecutor opposed the bail application.
BAIL APPL. NO. 7066 OF 2025
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7. Initially, the petitioner was arrested on 14.01.2023 and he was
subsequently released on bail. Thereafter he involved in another crime as
Crime No.1408 of 2023 of Ottapalam Police Station. Subsequently, he was
released on bail in the said crime by order dated 07.03.2024. Since he
misused his liberty, the bail granted to him in Crime No.47 of 2023 of
Ottapalam Police Station was cancelled and the petitioner was arrested on
23.08.2024 and he has been in custody since then.
8. Petitioner had, after being granted bail in the instant case i.e.
Crime No.47 of 2023 involved in another serious crime under Section 22(c) of
the NDPS Act. However, he has been granted bail in the subsequent crime
by order dated 07.03.2024. Since he misused the liberty granted to him by
violating the conditions of bail, his bail was cancelled and he was arrested on
23.08.2025.
9. Considering the period of detention already undergone by the
petitioner after cancellation of bail, I am of the view that the continued
detention is not necessary.
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.
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(b) Petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the
witnesses; nor shall he attempt to tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on
bail.
(e) Petitioner shall not leave the country without the permission of
the jurisdictional Court.
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
RKM
BAIL APPL. NO. 7066 OF 2025
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APPENDIX OF BAIL APPL. 7066/2025
PETITIONER'S ANNEXURES :
Annexure 3 TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO. 47 OF 2023 OF OTTAPPALAM
POLICE STATION, PALAKKAD DISTRICT
Annexure 4 TRUE COPY OF THE ORDER DATED 25.02.2023 IN
CRL.M.C. NO. 380/2023 PASSED BY THE COURT
OF SESSIONS, PALAKKAD,
Annexure 5 TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO. 1408/2023 OF OTTAPPALAM
POLICE STATION, PALAKKAD DISTRICT
Annexure 6 TRUE COPY OF THE ORDER DATED 07.03.2024 IN
PASSED BY THE ADDITIONAL SESSIONS COURT-
VI, PALAKKAD
Annexure 7 TRUE COPY OF THE ORDER DATED 31.08.2024 IN
PASSED BY THE ADDITIONAL SESSIONS COURT-
IV, PALAKKAD
Annexure 8 TRUE COPY OF THE ORDER DATED 30.04.2025 IN
PASSED BY THE ADDITIONAL SESSIONS COURT-
IV, PALAKKAD
Annexure 9 TRUE COPY OF THE ORDER DATED 22.04.2024 IN
CRLMC NO. 2279/2024 PASSED BY THE COURT OF
SESSIONS, PALAKKAD
Annexure 10 TRUE COPY OF THE ORDER JUDGMENT 02.05.2025
IN B.A NO.5888/2025 PASSED BY THIS HON'BLE
COURT
