Abdul Rahiman v. State of Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` THURSDAY, THE 21[ST] DAY OF MARCH 2024 / 1ST CHAITHRA, 1946 ``` ## **`BAIL APPL. NO. 2060 OF 2024`** ``` CRIME NO.59/2024 OF KUMBLA POLICE STATION, KASARGOD AGAINST THE ORDER/JUDGMENT DATED 27.02.2024 IN CRMC NO.227 OF 2024 OF DISTRICT COURT & SESSIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD ``` ## **`PETITIONER/ACCUSED NO.3:`** ``` ABDUL RAHIMAN AGED 23 YEARS S/O. ABOOBACKER, R/AT MANDEKKAP, KUDALMERKALA, KAYYAR VILLAGE, KASARAGOD DISTRICT, PIN - 671322 BY ADV KODOTH SREEDHARAN ``` ## **`RESPONDENTS/COMPLAINANT:`** - **`1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031`** - **`2 THE STATION HOUSE OFFICER KUMBLA POLICE STATION, KASARAGOD, PIN - 671321 BY ADV`** ``` SRI. C. S. HRITHWIK – SENIOR PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON ``` ``` 21.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 2 ``` ``` BAIL APPL. NO.2060 OF 2024 ``` ## **C.S.DIAS, J.** **-------------------------------------------------------B.A. No. 2060 OF 2024 ------------------------------------------------------Dated this the 21[st] day of March, 2024** ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973 by the third accused in Crime No.59/2024 of the Kumbla Police Station, Kasargod, registered against the accused (three in number) for allegedly committing the offences punishable under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner was arrested on 20.01.2024. 2. The essence of the prosecution case is that: on 20.01.2024, at around 20.30 hours, the accused were found transporting 3.87 grams of MDMA in car bearing Reg. No.KL 58 J 6986. The vehicle was intercepted and ``` 3 ``` ``` BAIL APPL. NO.2060 OF 2024 ``` the contraband was seized from the vehicle then and there at the spot. Thus, the accused have committed the above offences. 3. Heard; Sri. Kodoth Sreedharan the learned counsel appearing for the petitioner and Sri. C. S. Hrithwik, the learned Public Prosecutor. 4. The learned counsel appearing for the petitioner submitted that, petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. Notwithstanding the other contentions raised in the application, the petitioner is a person with no criminal antecedents, the contraband that was seized from the petitioner is of an intermediate quantity, the investigation in the case is complete and the final report has been laid. Therefore, the petitioner’s further detention is not necessary. Hence, the bail application may be allowed. ``` 4 ``` ``` BAIL APPL. NO.2060 OF 2024 ``` 5. The learned Public Prosecutor opposed the application. He submitted that, if the petitioner is released on bail, there is every likelihood of him committing similar offences. Nonetheless, he conceded to the fact that the petitioner has no criminal antecedents, the final report has been laid and the contraband involved is of an intermediate quantity. Hence, the application may be dismissed. 6. On an anxious consideration of the facts, the rival submissions made across the Bar and the materials placed on record, especially taking into account the fact that the contraband involved in the case is of an intermediate quantity, that the petitioner has no criminal antecedents, that the investigation in the case is complete, the final report has been laid and further that the petitioner has been in judicial custody since 20.01.2024, I am of the definite view that, the ``` 5 ``` ``` BAIL APPL. NO.2060 OF 2024 ``` petitioner’s further detention is unnecessary. Hence, I am inclined to allow the bail application. In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of one month. He shall also appear before the Investigating Officer as and when required; ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade ``` 6 ``` ``` BAIL APPL. NO.2060 OF 2024 ``` him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; iii) The petitioner shall not commit any offence while he is on bail; iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond; v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law; vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below; ``` 7 ``` ## **`BAIL APPL. NO.2060 OF 2024`** vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in **Sushila Aggarwal v. State (NCT of Delhi) and another** [2020 (1) KHC 663]. **Sd/C.S. DIAS JUDGE** BR ``` 8 ``` ## **`BAIL APPL. NO.2060 OF 2024`** ## **`APPENDIX OF BAIL APPL. 2060/2024`** ``` PETITIONER’S ANNEXURES Annexure 1CERTIFIED COPY OF THE ORDER IN CRL.MC. NO.227/2024 OF THE SESSIONS COURT, KASARAGOD DATED 27/02/2024 ``` ## **`RESPONDENT’S ANNEXURES: NIL`**