S.K KHUSIBUL, AMJAD KHAN, S.K ABDUL RAHMAN and KARIMKHAN v. STATE OF KERALA

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` THURSDAY, THE 11[TH] DAY OF APRIL 2024 / 22ND CHAITHRA, 1946 ``` ## **`BAIL APPL. NO. 2394 OF 2024`** ``` CRIME NO.178/2024 OF Edakkara Police Station, Malappuram ``` ## **`PETITIONERS/ACCUSED:`** - **`1 S.K KHUSIBUL, AGED 42 YEARS S/O S.K JIYAD, DEBIMATHURAPUR, GOBINDAPUR, SOUTH 24 PARGANAS, WEST BENGAL,, PIN - 743368`** - **`2 AMJAD KHAN, AGED 32 YEARS S/O ABU HOSSIN KHAN,PATHARPRATIMA, BAMANKHALI, SOUTH 24 PARGANAS, SAGAR, WEST BENGAL,, PIN - 743368`** - **`3 S.K ABDUL RAHMAN, AGED 23 YEARS S/O S.K SAIDUL, BHAMAN KHALI, 24, PARGANAS, SOUTH 24, PARGANAS, WEST BENGAL,, PIN - 743368`** - **`4 KARIMKHAN, AGED 24 YEARS S/O MOTALEBHKHAN, MANDIRTALA, PHULDUBI, SOUTH 24 PARGANAS, WEST BENGAL,, PIN - 743368 BY ADVS. M.P.PRIYESHKUMAR SATHYA PRASAD P.V.`** ## **`RESPONDENT/COMPLAINANT:`** ``` STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ## **`SR PP SMT SEETHA S`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.No.2394 of 2024 -:2:- ## Dated this the 11[th] day of April,2024 ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the accused 1 to 4 in Crime No.178/2024 of the Edakkara Police Station, Malappuram, registered against the accused 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 petitioners were arrested on 10.02.2024. 2. The essence of the prosecution case is that; on 12.02.2024 at around 9.25 hours, the accused were found in possession of 17.870 kg of ganja. They were arrested with the contraband then and there at the spot. Thus, the accused have committed the above offence. 3. Heard; Sri. Priyesh Kumar. M.P, the learned counsel appearing for the petitioners and Smt. Neema. T.V., the learned Senior Public Prosecutor. B.A.No.2394 of 2024 -:3:- 4. The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusations levelled against them. They have been falsely implicated in the crime. In any given case, the petitioners have been in judicial custody since 10.02.2024, the investigation in the case is complete, and the final report has been laid. Moreover, the contraband involved in the case is of an intermediate quantity and the petitioners do not have any criminal antecedents. The petitioners’ continued detention is unnecessary. Hence, the petitioner may be released on bail. 5. The learned Public Prosecutor opposed the application. The Investigating Officer has filed a bail objection report, inter alia, contending that the investigation in the case is complete and the final report has been laid on 13.03.2024, before the Special Court for NDPS Cases, Manjery. However, if the petitioners are released on bail, there is every likelihood of them committing similar offences. Moreover, since the B.A.No.2394 of 2024 ## -:4:- petitioners do not have roots in the State of Kerala, they may flee from justice. Hence, the application may be dismissed. 6. The prosecution allegation against the petitioners is that, they, in furtherance of their common intention, were found in possession of 17.870 kg of ganga. The petitioners were arrested on 10.02.2024. Indisputably, the investigation in the case is complete, and the final report has been laid. Moreover, the petitioners do not have any criminal antecedents. 7. After bestowing my anxious consideration to the facts, the rival submissions made across the Bar, and the materials placed on record, especially after comprehending the fact that the petitioners do not have any criminal antecedents, that the contraband involved is of an intermediate quantity, that the petitioners have been in judicial custody since 10.02.2024, that the investigation in the case is complete, and that the final report has been laid, I am inclined to allow the bail application, but subject B.A.No.2394 of 2024 -:5:- to the stringent condition, especially since the petitioners have no roots in the State of Kerala. Yet, by following the law laid down by the Honourable Supreme Court in **Hussainara Khatoon (I) v. Home Secy., State of Bihar** [(1980) 1 SCC 81], I am inclined to allow the bail application. In the result, the application is allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.1,00,000/- (Rupees One lakh only) each 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 petitioners shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m till the determination of the case. They shall also appear before the Investigating Officer as and when required; (ii) The petitioners shall not directly or indirectly make any inducement, threat or procure to any person B.A.No.2394 of 2024 -:6:- 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 petitioners shall not commit any offence while they are on bail; (iv) The petitioners shall surrender their passports, if any, before the court below at the time of execution of the bond. If they have no passports, they shall file affidavits to the effect before the court below on the date of execution of the bond; (v) The petitioners shall not leave the jurisdictional limits of the Special Court, Manjery, without the previous permission of the said court; (vi) 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. B.A.No.2394 of 2024 -:7:- (vii) Applications for deletion/modification of the bail conditions shall be filed and entertained before the court below. (viii) 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 petitioners even while the petitioners are 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** mtk/11.04.24 B.A.No.2394 of 2024 -:8:- ## **`APPENDIX OF BAIL APPL. 2394/2024`** ``` PETITIONER ANNEXURES Annexure 1 ``` ``` A COPY OF THE FIR IN CRIME NUMBER 178/2024 OF EDAKKARA POLICE STATION, MALAPPURAM ```