Kerala High Court
Muhammed Khayees.M vs State Of Kerala on 13 September, 2022
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A. No. 6476/2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 13TH DAY OF SEPTEMBER 2022/22ND BHADRA, 1944
BAIL APPL. NO. 6476 OF 2022
CRIME NO.602/2022 OF BEKAL POLICE STATION, KASARGOD
PETITIONER/ACCUSED NO.1:
MUHAMMED KHAYEES M., AGED 31 YEARS,
S/O MUAMMED KUNHI, KK HOUSE, THEKKIL VILLAGE,
MALPARAMBA, KASARGOD DISTRICT, PIN - 673009.
BY ADVS. M/S.P.MOHAMED SABAH, LIBIN STANLEY,
SADIK ISMAYIL, SAIPOOJA, R.GAYATHRI, M.MAHIN
HAMZA & SAFIYA AKBAR
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
BAKEL POLICE STATION, BAKEL, KASARGOD DISTRICT,
PIN - 671316
SRI.G.SUDHEER, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 13.09.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No. 6476/2022
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ORDER
This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.
2. The petitioner is accused No.1 in Crime No.602/2022 of Bekal Police Station. The offence alleged are under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The prosecution case in short is that on 11.8.2022 at 3.50 P.M. the petitioner and the second accused were found in possession of 8.68 grams of MDMA in contravention of the NDPS Act and Rules, and thereby committed the offence.
4. Heard both sides and perused the case diary.
5. The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the B.A. No. 6476/2022 ..3..
alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation.
6. Perusal of the case diary would reveal that prima facie there are materials on record to connect the petitioner with the crime. However, the petitioner was remanded to judicial custody on 11.8.2022. In view of the nature of the crime and the stage of investigation, I do not find any reason to hold that the continued detention of the petitioner is required for any purpose. The investigation seems to have reached a fair stage. Anx.2 would show that the petitioner's wife is in advanced stage of pregnancy as of now. For all these reasons, the petitioner is entitled to be released on bail on conditions.
In the result, the application is allowed on the following B.A. No. 6476/2022 ..4..
conditions:-
(i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The petitioner shall fully co-operate with the investigation.
(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioner shall also appear before the investigating officer as and when required by him.
(iv) The petitioner shall not commit any offence of like nature while on bail.
(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.B.A. No. 6476/2022
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(vi) The petitioner shall not leave the State of Kerala without the permission of the trial Court.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE MMG B.A. No. 6476/2022 ..6..
APPENDIX OF BAIL APPL. NO. 6476/2022 PETITIONER'S ANNEXURES:
ANNEXURE 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 602 OF 2022 OF BAKEL POLICE STATION, KASARGOD DISTRICT ANNEXURE 2 TRUE COPY OF THE ANOMALY SCAN REPORT DATED 04.07.2022 OF THE WIFE OF PETITIONER, ISSUED FROM THE HNC HOSPITAL; KASARGOD