Khadirul Islam v. State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: C.S. Dias
Judgment Date: 2024-04-23
Court Decision / Holding: The bail application is allowed. The petitioner is directed to be released on bail on executing a bond for Rs.1,00,000 with two solvent sureties, subject to conditions including regular attendance, non-interference with witnesses, prohibition on offences, passport surrender if any, providing address and mobile number, prohibition from leaving the territorial jurisdiction without permission, and provision for cancellation/modification of bail on violation; the IO may continue investigation and effect recoveries under the guidance of Sushila Aggarwal, and Hussainara Khatoon principles apply.
Final Disposition: Bail Granted

Parties to the Case

Appellants / Petitioners

Khadirul Islam

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• Amal Parthasaradhy

Counsels for Respondents

• C.S. Hrithwik, Public Prosecutor

Case Synopsis & Summary

This is a bail application under Section 439 CrPC filed by the sole accused in Crime No.203/2024 of the Valanchery Police Station, Malappuram, arraigned under Section 20(b)(ii)(B) of the NDPS Act for alleged possession of 1.03 kilograms of ganja meant for sale. The petitioner, Khadirul Islam, was arrested on 05.02.2024 and has remained in judicial custody since then. The prosecution case rests on the recovery at the scene. The petitioner’s counsel contends total innocence, false implication, lack of criminal antecedents, the contraband is of intermediate quantity, and that investigation is practically complete; thus detention is unnecessary. The Public Prosecutor opposes bail, citing flight risk due to the petitioner’s Assam origin, though concedes no prior antecedents and the intermediate quantity. After careful consideration, the High Court (C.S. Dias, J.) notes the intermediate quantity, absence of antecedents, and completed investigation, and invokes the principle from Hussainara Khatoon to grant bail with stringent conditions. The substantive order directs release on bond of Rs.1,00,000 with two solvent sureties, and imposes conditions: regular appearance before the IO, prohibition on inducement or tampering with witnesses, no commission of offences, surrender of passport if any, disclosure of present address and mobile number, restriction within the court’s territorial jurisdiction, and the IO’s power to modify or cancel bail under law; cites Sushila Aggarwal for allowing ongoing investigation and recoveries on bail.

Provisions of Law Cited

Section 439 of the Code of Criminal Procedure, 1973Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985

Legal Doctrines & Maxims

Hussainara Khatoon v. Home Secretary, State of Bihar
Sushila Aggarwal v. State of Delhi and another

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner’s counsel argued total innocence, false implication, lack of criminal antecedents, and that the contraband is of intermediate quantity with investigation nearly complete; therefore detention is unnecessary and bail should be granted under appropriate conditions.

Contentions of Respondents

The Public Prosecutor opposed bail, highlighting flight risk due to the petitioner’s Assam origin, but conceded absence of antecedents and the intermediate quantity.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Hussainara Khatoon v. Home Secretary, State of Bihar	1980 (1) SCC 98	Positive	Court follows the bail-related principle from Hussainara Khatoon to permit release on bail under stringent conditions.
Sushila Aggarwal v. State of Delhi and another	2020 (1) KHC 663	Positive	Cited for empowering the Investigating Officer to investigate and effect recoveries even while the accused is on bail; used to justify the bail framework and ongoing investigation.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE C.S.DIAS** **TUESDAY, THE 23[RD] DAY OF APRIL 2024 / 3RD VAISAKHA, 1946** **BAIL APPL. NO. 3179 OF 2024** **CRIME NO.0203/2024 OF Valanchery Police Station, Malappuram PETITIONER/S:** **KHADIRUL ISLAM AGED 24 YEARS S/O HUSAIN ALI, KATTAPURI HOUSE,BURBANDHA POST, MORIGAON, ASSAM, PIN - 782104** ## **BY ADV AMAL PARTHASARADHY** ## **RESPONDENT/S:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031** ## **OTHER PRESENT:** ## **SR PP C.S HRITHWIK** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** BAIL APPL. NO. 3179 OF 2024 2 ## **ORDER** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.203/2024 of the Valanchery Police Station, Malappuram, registered against him for allegedly committing the offence punishable under Section 20(b) (ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘the Act’). The petitioner was arrested on 05.02.2024. 2. The essence of the prosecution case is that: on 05.02.2024 at around 18.30 hours the accused was found in possession of 1.03 kilograms of ganja which was meant for sale. The accused was arrested with the contraband then and there at the spot. Thus, the accused has committed the above offence. 3. Heard; Sri.Amal Parthasaradhy, the learned counsel appearing for the petitioner and Sri.C.S.Hrithwik, the learned Public Prosecutor. 4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations BAIL APPL. NO. 3179 OF 2024 3 leveled against him. He has been falsely implicated in the crime. In any given case, the petitioner has been in judicial custody since 05.02.2024, the contraband allegedly seized from the petitioner is of an intermediate quantity, the petitioner does not have any criminal antecedents and the investigation in the case is practically complete. Therefore, the petitioner's further detention is unnecessary. Hence, the application may be allowed. 5. The learned Public Prosecutor opposed the application. He contended that the petitioner is a native of Assam. If the petitioner is enlarged on bail, there is every likelihood of him fleeing from justice and also committing similar offence. Hence, the application may be dismissed. Nonetheless, he conceded to the fact that the petitioner does not have any criminal antecedents and the contraband involved in the case is of an intermediate quantity. 6. After bestowing my anxious consideration to the facts, the rival submissions made across the Bar BAIL APPL. NO. 3179 OF 2024 4 and the materials placed on record, particularly taking note of the fact that the contraband involved in the case is of an intermediate quantity, that the petitioner does not have criminal antecedent, that the petitioner has been in judicial custody since 05.02.2024 and the investigation in the case is complete, I am inclined to allow the bail application. However, since the petitioner is a native of Assam, following the law laid down by the Honourable Supreme Court in **Hussainara Khatoon vs. Home Secretary, State of Bihar** [1980 (1) SCC 98], I am inclined to allow the application, but subject to stringent conditions. 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 on every Tuesday and BAIL APPL. NO. 3179 OF 2024 5 Saturday between 9 a.m. and 11 a.m till the final report is filed. He shall also report before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m. till the conclusion of the proceedings in Crime No.203/2024. - (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; - (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 BAIL APPL. NO. 3179 OF 2024 6 execution of the bond; - (v) The petitioner shall furnish his present address and mobile number to the Investigating Officer as well as before the jurisdictional Court. - (vi) The petitioner shall not leave the territorial jurisdiction of the Court of Session, Manjeri without previous permission of the said court. - (vii) 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. - (viii) Applications for deletion/modification of the bail conditions shall be filed and entertained before the court below. - (ix) Needless to mention, it would be well within - the powers of the Investigating Officer to BAIL APPL. NO. 3179 OF 2024 7 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 of Delhi and another** [2020 (1) KHC 663]. ## **Sd/-** **C.S.DIAS, JUDGE** Rkc/23.04.24 BAIL APPL. NO. 3179 OF 2024 8 ## **APPENDIX OF BAIL APPL. 3179/2024** ## **PETITIONER ANNEXURES** **Annexure 1** **COPY OF ORDER DATED 20-03-2024 PASSED BY THE SPECIAL COURT FOR SC/ST (POA) ACT &NDPS ACT CASES** **Annexure 2** **COPY OF ORDER DATED 8-4-2024 PASSED BY THE SPECIAL COURT FOR SC/ST (POA) ACT & NDPS ACT CASES, MANJERI IN CRL.MP NO 346/2024**