Kerala High Court
Muhammed Thuyyub vs State Of Kerala on 20 May, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 5742 OF 2025
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2025:KER:34558
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 20TH DAY OF MAY 2025 / 30TH VAISAKHA, 1947
BAIL APPL. NO. 5742 OF 2025
CRIME NO.79/2024 OF MANJERI EXCISE RANGE OFFICE, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED 11.03.2025 IN CMP
NO.242 OF 2025 OF SPECIAL COURT (ATROCITIES AGAINST SC/ST),
MANJERI
PETITIONER/ACCUSED NO.1:
MUHAMMED THUYYUB, AGED 30 YEARS
S/O MUHAMMEDALI M K, AYANIKKUNNAN HOUSE, SOUTH
BAZAR, NEAR SOUTH SCHOOL DESOM, KUTTIPPURAM
VILLAGE, MALAPPURAM DISTRICT, PIN - 679 571.
BY ADVS.
ARUN ASHOK
NEENA JAMES
ANASWARA K.P.
RESPONDENT/COMPLAINANT :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.05.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 5742 OF 2025
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2025:KER:34558
BECHU KURIAN THOMAS, J.
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B.A. No.5742 of 2025
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Dated this the 20th 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 first accused in Crime No.79/2024 of Excise Range Office, Manjeri; registered for the offences punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985
3. The prosecution case is that, on 17.12.2024 at 3.45 am, the petitioner was found in possession of 5.283 gms. Of Methamphetamine and he was arrested. During interrogation first accused revealed that the contraband article was transferred to him by the second accused and on the basis of the said information, another quantity of 244.069 gms of Methamphetamine was recovered from the possession of second accused. Petitioner was arrested on 17.12.2024 and has been in custody since then.
4. Sri.Arun Ashok Iyyani, the learned counsel for the petitioner, submitted that the entire prosecution allegations are false and the quantity recovered from the petitioner is only 5.283 gms of BAIL APPL. NO. 5742 OF 2025 3 2025:KER:34558 Methamphetamine, which is an intermediate quantity, and considering the period of detention already undergone, he ought to be released on bail.
5. The learned Public Prosecutor, on the other hand submitted that, Section 29 of NDPS Act has been incorporated and the petitioner as well as the second accused had conspired together to commit the offence and hence the quantity of Methamphetamine recovered from the second accused must also be taken into reckoning.
6. On a consideration of the rival contentions, this Court notices that the second accused was arrested pursuant to the statement of the first accused and a quantity of 244.069 gms of Methamphetamine was recovered from the second accused.
7. Since the offence under Section 29 of NDPS Act has already been incorporated, the quantity recovered from the petitioner as well as the second accused has to be reckoned for the purpose of considering whether the quantity falls within the category commercial quantity or not.
8. Though the learned counsel for the petitioner referred to the decision Rajan v. State of Kerala 2024 (6) KHC 59, I am of the view that the said decision itself refers to cases where there is absence of any conspiracy among the parties. In the instant case, specific allegation of conspiracy has been incorporated, and therefore, the said decision has no application to the present case. BAIL APPL. NO. 5742 OF 2025 4 2025:KER:34558
9. Taking note of the nature of offences and the severity of punishment, this Court is of the view that petitioner cannot be released on bail at this juncture. Accordingly, this application is dismissed.
sd/-
BECHU KURIAN THOMAS JUDGE AMV/22/05/2025 BAIL APPL. NO. 5742 OF 2025 5 2025:KER:34558 APPENDIX OF BAIL APPL. 5742/2025 PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF THE CRIME AND OCCURANCE REPORT IN CRIME NO 79 OF 2024 OF THE EXCISE RANGE OFFICE, MANJERI DATED 17-12- 2024 ANNEXURE A2 A TRUE COPY OF THE ORDER PASSED IN C.M.P NO. 242 OF 2025 ON THE FILE OF THE SPECIAL COURT FOR SC/ST (POA) ACT & NDPS ACT CASES, MANJERI DATED 11-03-2025