Abdul Rasheed Wrongly Shown as Muhammed Rishad vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 03, 2023

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Citation: sooperkanoon.com/1369882
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Jul 03, 2023
Case Number: Bail Appl./5098/2023

Parties & Advocates

Appellant / Petitioner

Abdul Rasheed Wrongly Shown as Muhammed Rishad

Respondent

State of Kerala

Excerpt

.....in this case is already over and the final report is submitted. it is also submitted that the petitioner is not involved in any other cases.7. i have gone through the records. it is true that there areallegations against the petitioner. but the fact remains that the petitioner has been in custody since 10.05.2023. the quantity recovered from the possession accused nos.1 to 4, comes under the category of intermediate quantity. the petitioner is not involved in any other cases. the investigation in this case is also completed. when taking into account all the above aspects, i deem it appropriate to grant bail to the petitioner with appropriate conditions to ensure the cooperation of the petitioner with the trial. accordingly, this bail application is allowed, and the petitioner is directed to be released on bail subject to the following conditions:- :4 :(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 court.(ii) the petitioner shall appear before the trial court as and when required.(iii) the petitioner shall not commit any offence of similar nature while on bail.(iv) the petitioner shall not make any attempt tocontact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.(v) the petitioner shall not leave the state of keralawithout the permission of the trial court. in case of violation of any of the above conditions, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law. sd/- ziyad rahman a.a. judge ncd :5 : appendix of bail appl. 5098/2023 petitioner annexures annexure a true copy of order in crl. m p no.1648/2023 dated 17/6/2023 of the special couer doe sc/st (poa) act.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 3RD DAY OF JULY 2023 / 12TH ASHADHA, 1945 BAIL APPL. NO. 5098 OF 2023 CRIME NO.250/2023 OF MALAPPURAM POLICE STATION PETITIONER/ACCUSED NO.5: ABDUL RASHEED WRONGLY SHOWN AS MUHAMMED RISHAD IN THE ORDER OF THE COURT BELOW, AGED 20 YEARS S/O. MUHAMMED ALI, PALAPPURAKOTTOTH HOUSE, PANG SOUTH, CHENDI POST, MALAPPURAM DISTRICT KERALA, PIN - 679338 BY ADV T.H.ARAVIND RESPONDENT/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER MALAPPURAM POLICE STATION, MALAPPURAM DSTRICT, PIN - 676505 SEETHA S. SR GP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2 :

ORDER

Dated this the 3rd day of July, 2023 This bail application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

2. The petitioner is the 5 th accused in crime No.250/2023 of

Malappuram Police Station. The offences alleged against the petitioner are under Sections 22(b) and 25, read with Section 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

3. The prosecution case is that, on 22.02.2023, accused

Nos.1 to 4 were found in possession of 7.5 grams of MDMA. As per the prosecution case, the petitioner handed over the contraband article to accused Nos.1 to 4. As part of the investigation, the petitioner was arrested on 10.05.2023 and since then has been under judicial detention. This application for regular bail is submitted in such circumstances.

4. Heard Sri. T.H. Aravind, the learned counsel appearing for the petitioner and Smt. Seetha S., the learned Senior Public Prosecutor for the State.

5. The learned counsel for the petitioner submits that the

petitioner is innocent of all the allegations. According to him, he was :3 : not at all involved in the transaction, which is the subject matter of the said case. Moreover, now the petitioner has been in custody since 10.05.2023 and the investigation in this case is already over. Therefore, there is no purpose in keeping the petitioner under detention.

6. On the other hand, the learned Public Prosecutor would

oppose the aforesaid application by pointing out that the contraband article was procured by the petitioner and handed over the same to the other accused. However, it is confirmed that the investigation in this case is already over and the final report is submitted. It is also submitted that the petitioner is not involved in any other cases.

7. I have gone through the records. It is true that there are

allegations against the petitioner. But the fact remains that the petitioner has been in custody since 10.05.2023. The quantity recovered from the possession accused Nos.1 to 4, comes under the category of intermediate quantity. The petitioner is not involved in any other cases. The investigation in this case is also completed. When taking into account all the above aspects, I deem it appropriate to grant bail to the petitioner with appropriate conditions to ensure the cooperation of the petitioner with the trial. Accordingly, this bail application is allowed, and the petitioner is directed to be released on bail subject to the following conditions:- :4 :

(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 Court.

(ii) The petitioner shall appear before the trial court as and when required.

(iii) The petitioner shall not commit any offence of similar nature while on bail.

(iv) The petitioner shall not make any attempt to

contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(v) The petitioner shall not leave the State of Kerala

without the permission of the trial Court. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law. Sd/- ZIYAD RAHMAN A.A. JUDGE ncd :5 : APPENDIX OF BAIL APPL. 5098/2023 PETITIONER ANNEXURES Annexure A TRUE COPY OF ORDER IN CRL. M P NO.1648/2023 DATED 17/6/2023 OF THE SPECIAL COUER DOE SC/ST (POA) ACT & NDPS ACT CASES, MANJERI

Same Court & Year Kerala · 2023 Same Parties Abdul Rasheed Wrongly Shown as Muhammed Rishad vs State of Ke... Same Judge Honourable Mr.Justice Ziyad Rahman a.a.