Kerala High Court
Ibrahim vs State Of Kerala on 30 May, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 6104 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 30TH DAY OF MAY 2025 / 9TH JYAISHTA, 1947
BAIL APPL. NO. 6104 OF 2025
CRIME NO.996/2023 OF MALAPPURAM POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED 18.07.2024 IN Bail Appl.
NO.3915 OF 2024 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.2:
IBRAHIM, AGED 49 YEARS
S/O ALI PALOLI HOUSE,
EAST KODUR CHATTIPARAMBA,
MALAPPURAM DISTRICT, PIN - 676 504.
BY ADVS.
SRI.P.K.MOHAMED JAMEEL
SMT. SUHARABI KANNETH
SMT.SMRITHI HARRIS
RESPONDENT/COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER
MALAPPURAM POLICE STATION
MALAPPURAM DISTRICT, PIN - 676 505.
SRI. NOUSHAD K.A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.05.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 6104 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.6104 of 2025
...................................................
Dated this the 30th day of May, 2025
ORDER
This bail application is filed under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the second accused in Crime No.996/2023 of Malappuram
Police Station registered for the offences punishable under Sections 20(b)
(ii)(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act,
1985 (for short 'the NDPS' Act'), which is now pending as
S.C.No.131/2024 before the Special Court for SC/ST (POA) Act and NDPS
Act Cases, Manjeri.
3. The prosecution case is that, on 21.07.2023, the accused transported
20.68 Kgs. of ganja and they were found to be in possession of the
contraband at the house of the first accused along with the other
accused and thereby committed the offences alleged. Petitioner was
arrested on 21.07.2023 and he has been in custody since then.
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 first accused
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was granted bail by this Court in B.A.No.3112/2024 while accused Nos.3
and 4 have also been granted bail by the trial Court. According to the
counsel, petitioner is the only person currently remaining in custody. It
was further pointed out that the quantity of contraband seized was
20.68 Kgs which is just above the minimum fixed for a commercial
quantity and considering the period of detention already undergone since
21.07.2023, his continued detention ought not to be permitted.
6. The learned Public Prosecutor, on the other hand, submitted that,
considering the nature of allegations against the petitioner, bail ought
not to be granted, notwithstanding the long period of detention,
especially since, the quantity seized is commercial. It was further
submitted that petitioner is involved in nine other criminal cases.
7. On a consideration of the rival contentions, this Court notices that
petitioner is the second accused. The remaining three accused have
already been released on bail. The quantity seized from the first accused
was 20.68 Kgs., which no doubt is marginally in excess of the minimum
fixed for the commercial quantity At the time of seizure, petitioner and
other accused were present beside the first accused.
8. As mentioned earlier, the contraband was seized from the possession of
the first accused. Petitioner was allegedly standing beside him at the
time of seizure. As mentioned earlier, the quantity of contraband seized
was just above the minimum fixed for commercial quantity. It is also
relevant to note that in the order granting bail to the first accused, this
Court had noted the contention of that accused that the Investigating
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Officer had weighed the contraband along with the bags, without
excluding the weight of the bags and the said contention was found to
have some significance in diluting the rigour under Section 37 of the
NDPS Act. Moreover, there is also no possibility of the petitioner
involving any other crime. Further, since petitioner has been in custody
from 21.07.2023 onwards, this Court is of the view that, petitioner is
entitled to be released on bail.
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 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
AMV/30/05/2025
BAIL APPL. NO. 6104 OF 2025
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APPENDIX OF BAIL APPL. 6104/2025
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE ORDER IN CRL.M.P
NO.05/2025 IN S.C NO.131/2024 DATED
13.03.2025 OF SPECIAL COURT FOR SC/ST(POA)
ACT & NDPS CASES, MANJERI
