Kerala High Court
Bail Appl./9748/2021 of NOUFAL Vs STATE OF KERALA on 31 December 2021
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 BAIL APPL. NO. 9748 OF 2021 CRIME NO.15/2021 OF EXCISE ENFORCEMENT ANTI-NARCOTIC SPECIAL SQUAD, MALAPPURAM DISTRICT. PETITIONERS/ACCUSED NOS.1 AND 2 (IN
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943BAIL APPL. NO. 9748 OF 2021
CRIME NO.15/2021 OF EXCISE ENFORCEMENT ANTI-NARCOTIC SPECIALSQUAD, MALAPPURAM DISTRICT.
PETITIONERS/ACCUSED NOS.1 AND 2 (IN CUSTODY FROM
23/10/2021):
1NOUFAL,AGED 34 YEARSS/O. HAMZA, CHAKKUNGAL, PERINTHALMANNA, MALAPPURAM DISTRICT2NAJEEB RAHMAN,AGED 29 YEARSS/O. HAMZA, AMANATH, VETTATHUR, MALAPPURAM DISTRICTBY ADVS.P.MOHAMED SABAHLIBIN STANLEYSAIPOOJA, R.GAYATHRISADIK ISMAYIL
RESPONDENTS/COMPLAINANTS:
1STATE OF KERALAREPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM 682 0312INSPECTOR, EXCISE ENFORCEMENT ANTI-NARCOTIC SPECIAL SQUAD, MALAPPURAM DISTRICT.BY ADV.SRI.PRASANTH M.P., P.P.THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2021, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING:
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O R D E R
Dated this the 31[st] day of December, 2021
This is an application filed u/s 439 of the Code of CriminalProcedure seeking regular bail.
2. The petitioners are the accused Nos.1 and 2 in CrimeNo.15/2021 of Excise Enforcement Anti-Narcotic Special Squad,Malappuram District. The offences alleged are under Sections8(c), 20(b) (ii) (B) and 29 of the Narcotic Drugs and PsychotropicSubstances Act, 1985 (for short, the NDPS Act).
3. The prosecution case in short is that on 23/10/2021 at6.00 p.m, the petitioners were found in possession of 11.280grams of ganja at the house bearing door No.13/346 incontravention of the NDPS Act and the Rules and therebycommitted the offence.
4. Heard both sides and perused the case diary.
5. The learned counsel for the petitioners submitted that the petitioners are absolutely innocent and they have beenfalsely implicated in the present case. He further submitted that there are no materials to connect the petitioners with the allegedcrime and hence they are entitled to get bail. The learned PublicProsecutor opposed the bail application. He contended that thealleged incident occurred as a part of the intentional criminal actsof the petitioners and if the petitioners are released on bail at thisstage, it would affect the course of investigation.
6. Perusal of the case diary would reveal that prima facie there arematerials on record to connect the petitioners with the crime.However, the petitioners were remanded to judicial custody on23/10/2021. In so far as the accused No.2 is concerned, he hasno criminal antecedents. Hence, I am of the view that consideringthe nature of the crime and stage of the investigation, he can bereleased on bail. In so far as the accused No.1 is concerned, he ishaving criminal antecedents including two crimes under the NDPSAct. Hence, I am of the view that he cannot be released on bail atthis stage. The 2[nd] petitioner/accused No.2 is entitled to be released on bail on conditions.
In the result, the application is allowed in part on thefollowing conditions:-
(i) The 2[nd] petitioner/accused No.2 shall be released onbail on executing a bond for `1,00,000/- (Rupees One lakh only)with two solvent sureties for the like sum each to the satisfactionof the jurisdictional Magistrate/Court.
(ii) The 2[nd] petitioner/ accused No.2 shall fully co-operatewith the investigation.
(iii) The 2[nd] petitioner/accused No.2 shall appear before theinvestigating officer between 10.00 a.m and 11.00 a.m on everySaturday until further orders. He shall also appear before theinvestigating officer as and when required by him.
(iv) The 2[nd] petitioner/accused No.2 shall not commit anyoffence of like nature while on bail.
(v) The 2[nd] petitioner/accused No.2 shall not make anyattempt to contact any of the prosecution witnesses, directly orthrough any other person, or any other way try to tamper withthe evidence or influence any witnesses or other persons related
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to the investigation.
(vi) The 2[nd] petitioner/accused No.2 shall not leave State of Kerala without the permission of the trial Court.
The application as against the 1[st] petitioner/accused No.1 isrejected.
Sd/-
Rp
DR. KAUSER EDAPPAGATH
JUDGE