Bail Application No. 11377 of 2023 (Muhammed Nihal)

1 Bail Application No. 11377 of 2023 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` FRIDAY, THE 12[TH] DAY OF JANUARY 2024 / 22ND POUSHA, 1945 BAIL APPL. NO. 11377 OF 2023 ``` ``` CRIME NO.379/2023 OF Wandoor Police Station, Malappuram PETITIONER/S: ``` ``` MUHAMMED NIHAL, AGED 23 YEARS S/O. BASHEER, CHOORAPPILAN HOUSE, PULLANGODE, CHOKKAD, CHEKKODE, MALAPPURAM DISTRICT, PIN - 673645 BY ADVS. P.C.MUHAMMED NOUSHIQ JAHANA SHERIN.K ``` ## **`RESPONDENT/S:`** ``` 1STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2STATION HOUSE OFFICER, WANDOOR POLICE STATION, WANDOOR, MALAPPURAM DISTRICT, PIN - 679328 ``` ``` OTHER PRESENT: ``` ``` SMT.NEEMA.T.V, SENIOR PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 Bail Application No. 11377 of 2023 ## **C.S.DIAS,J** ## **======================** **Bail Application No. 11377 of 2023 -----------------------------------** **Dated this the 12[th] day of January, 2024** ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973 by the sole accused in Crime No.379/2023 of the Wandoor Police Station, Malappuram, alleging him to have committed the offence punishable under Sec. 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act”). The petitioner was arrested on 23.5.2023. 3 Bail Application No. 11377 of 2023 2. The gist of the prosecution case is that: on 23.5.2023 at about 12.30 p.m. the accused was found in possession 26.2 grams of MDMA kept for sale. He was arrested then and there from the spot. Thus, the accused has committed the above offence. 3. Heard; Sri.P.C Muhammed Noushiq, the learned counsel appearing for the petitioner and Smt.Neema T.V, the learned Public Prosecutor appearing for the respondents. 4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. The contraband article that has been allegedly seized from the possession of the petitioner is not MDMA, but is only 'methamphetamine'. The 4 Bail Application No. 11377 of 2023 contraband article is only of intermediate quantity. Hence, the petitioner is entitled to be released on bail. 5. The learned Public Prosecutor conceded to the fact that as per the chemical analysis report dated 17.11.2023 issued by the Regional Forensic Science Laboratory, Thrissur, it is found that the contraband article is 'methamphetamine' and not 'MDMA'. She submitted that the contraband is of intermediate quantity. The petitioner has been in judicial custody since 23.5.2023. The investigation is complete and the final report has been filed on 25.8.2023. 6. The prosecution case was lodged against the petitioner principally on the allegation that he was found in possession of 26.2 grams of MDMA. However, in the chemical analysis conducted by the 5 Bail Application No. 11377 of 2023 Regional Forensic Science Laboratory, Thrissur, it has come out that the contraband article is 'methamphetamine' and not MDMA, which is of intermediate quantity. The petitioner has been in judicial custody since 23.5.2023. The investigation in the case is practically complete and the final report has been filed. 7. After bestowing my anxious consideration to the materials placed on record, particularly to the chemical analysis report and the fact that the petitioner has been in custody since 23.5.2023 and further that the investigation is practically complete, I am of the view that the petitioner is entitled to be released on bail subject to stringent conditions. 6 Bail Application No. 11377 of 2023 In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees one lakh 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 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 him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; 7 Bail Application No. 11377 of 2023 (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. 8 Bail Application No. 11377 of 2023 (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/- sks/12.1.2024 **C.S.DIAS, JUDGE** 9 Bail Application No. 11377 of 2023 ## **`APPENDIX OF BAIL APPL. 11377/2023`** ``` PETITIONER ANNEXURES ``` ``` Annexure A1TRUE COPY OF THE FIRST INFORMATION REPORT DATED 23.05.2023 IN CRIME NO. 379 OF 2023 OF WANDOOR POLICE STATION, MALAPPURAM DISTRICT ``` ``` Annexure A2TRUE COPY OF THE ORDER DATED 01.07.2023 IN CRL MP NO. 1666 OF 2023 ON THE FILES OF SPECIAL COURT FOR SC/ST (POA) ACT & NDPS ACT CASES, MANJERI ```