Kerala High Court

Bail Appl./10987/2023 of MUHAMMED MAHIN Vs STATE OF KERALA on 29 December 2023

COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR FRIDAY, THE 29TH DAY OF DECEMBER 2023 / 8TH POUSHA, 1945 BAIL APPL. NO. 10987 OF 2023 CRIME NO.1558/2023 OF Kilikolloor Police Station, Kollam PETITIONER/ACCUSED NO.4: MUHAMMED MAHIN, AGED 31 YEARS, S/O MUHAMMED

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR

FRIDAY, THE 29[TH] DAY OF DECEMBER 2023 / 8TH POUSHA, 1945BAIL APPL. NO. 10987 OF 2023

CRIME NO.1558/2023 OF Kilikolloor Police Station, Kollam PETITIONER/ACCUSED NO.4:

MUHAMMED MAHIN, AGED 31 YEARS,S/O MUHAMMED HUSSAIN, THAMANA MANZIL, ANUGRAHA NAGAR, KALLUMTHAZHAM P.O,KILLIKOLLOR, KOLLAM,NOW RESIDING AT RENTED HOUSE NEAR MANJAKKUZHY THAIKKAVU, KULAPPADA, KOLLAM, PIN – 695542.

BY ADV M.R.SARIN

RESPONDENT/STATE:

STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031

SMT.T.V.NEEMA SR.PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

29.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Page 1 of 3

C.PRATHEEP KUMAR, J.

--------------------------------------

Bail Application No.10987 of 2023

------------------------------------------ Dated this the 29[th] day of December, 2023

ORDER

1. This is an application for regular bail filed under Section 439 Cr.P.C by the 4[th]accused involved in Crime No.1558 of 2023 of Kilikollor police station,Kollam. The offences alleged against the petitioner are under Sections 20(b),accused involved in Crime No.1558 of 2023 of Kilikollor police station,Kollam. The offences alleged against the petitioner are under Sections 20(b), 2(b) r/w 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. The Prosecution case is that on 09.11.2023, at around 5.40 p.m., the petitioneralong with other accused persons were found in possession of 4.302 Kilogramsof ganja, which they were transporting in a car. The accused has been incustody since 09.11.2023.along with other accused persons were found in possession of 4.302 Kilogramsof ganja, which they were transporting in a car. The accused has been incustody since 09.11.2023.

3. According to the learned counsel for the petitioner, this is a false case foistedagainst him and also that he isinnocent.against him and also that he isinnocent.

4. On the other hand, the learned Public Prosecutor opposed the application.However she would admit that there is no criminal antecedents against thepetitioner.However she would admit that there is no criminal antecedents against thepetitioner.

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5. Considering the fact that the petitioner has been in custody since 09.11.2023

and there are no criminal antecedents against him, I am inclined to allow thisapplication, subject to the following conditions :-

(i) The petitioner is released on bail on executing bond forRs.50,000/- (fifty thousand only) with two solvent sureties for thelike sum to the satisfaction of the Court below.

(ii) The petitioner shall report before the Investigating Officer onevery Tuesday between 10.00 am and 11.00 am till the finalreport is filed or till the end of January, 2024, whichever isearlier.

(iii) The petitioner shall co-operate with the investigation. Heshall not intimidate or influence the witnesses or tamper with theevidence.

(iv) The petitioner shall not involve himself in similar offencewhile on bail.

Sd/- C.Pratheep Kumar

Judge

BAIL APPL. NO. 10987 OF 2023

APPENDIX OF BAIL APPL. 10987/2023

PETITIONER ANNEXURES

ANNEXURE A1

THE TRUE COPY OF THE COMMON ORDER PASSED IN CRIMINAL M.C NOS 2443/2023, 2451/2023 DATED 22/11/2023

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