Kerala High Court
Mohammed Faisal vs State Of Kerala on 17 December, 2019
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 17TH DAY OF DECEMBER 2019 / 26TH AGRAHAYANA, 1941
Bail Appl..No.9030 OF 2019
Crime NO.269/2019 OF VAZHIKKADAVU POLICE STATION, MALAPPURAM
PETITIONER/2nd ACCUSED:
MOHAMMED FAISAL,
AGED 29 YEARS, S/O MOHAMMED KUTTY,
KEEDATH PARAMBIL HOUSE, ARAKKUPARAMBU,
PERINTHALMANNA TALUK, MALAPPURAM DISTRICT
BY ADVS.
SRI.P.SAMSUDIN
SRI.M.ANUROOP
RESPONDENT/COMPLAINANT :
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
SRI AJITH MURALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.9030/2019 2
ORDER
This application is filed under Section 438 of the Code of Criminal Procedure, 1973.
2. The applicant herein is the 2nd accused in Crime No.269 of 2019 registered at the Vazhikkadavu Police Station under Section 118 (i) of Kerala Police Act, 2011, Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 6 of Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, supply and Distribution) Act, 2003.
3. A Bolero pick up van was intercepted at the Excise Check Post by the Sub Inspector of Police, Vazhikkadavu Police Station on 01.12.2019 at 1.30 hours. On inspection of the vehicle, huge quantity of prohibited tobacco substance was found concealed underneath sacks of vegetables. It was found stored in 22 jute bags. Alleging that products were being brought to Kerala for illegal sale among the children and youth, the driver was arrested. When he was interrogated, he is alleged to have disclosed that the van is owned by the applicant herein and that it was brought at his instance. A report was submitted before the court arraying the applicant herein as the 2nd accused.
4. Sri.P.Samsudin, the learned counsel for the applicant, submits B.A.No.9030/2019 3 that the offence alleged against the applicant except the offence under Section 77 of the Juvenile Justice Act are bailable. He would contend that Section 77 may not have any application as there were no materials to bring the act committed by the 1 st accused within the four corners of the said Section.
5. The learned Public Prosecutor opposed the prayer. It is submitted that about 66000 packets of 'Hans', a prohibited item, was concealed in the vehicle and the investigation conducted till date reveals that the applicant herein is the owner of the articles.
6. I have considered the submissions advanced and have perused the records. I find from the records that there are convincing materials linking the applicant herein with the transportation. The investigation being in the early stages, it would not be proper for this Court to interfere at this stage. However, having regard to the role assigned to the applicant and the materials collected by the prosecution, I am of the view that necessary directions can be issued so that the applicant cooperates with the investigation.
7. I direct the applicant to surrender before the Investigating officer forthwith. After interrogation, the applicant shall be produced before the court having jurisdiction. On such production, if an application for regular bail is preferred, with advance notice to the concerned prosecutor, B.A.No.9030/2019 4 the same shall be considered and orders shall be passed expeditiously and on merits.
This application will stand dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE csl