Allowed

Muhammed Junaid v. State of Kerala

Kerala HC16 Sept 2020Bail Appl./5041/2020

Case brief

AI extract

What is this about?

In this bail application, the High Court of Kerala allowed the application for regular bail for the second accused in a case under the NDPS Act. The accused, aged 24, had no criminal antecedents and was involved in selling methamphetamine with an intermediary quantity. Considering these factors and the pandemic situation, the court granted bail with sureties and specific conditions.

What did the court decide?

Released on bail on execution of a bond for Rs.1,00,000 with two solvent sureties and specific conditions regarding investigation attendance, witness integrity, and no new offences.

Muhammed Junaid Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020 / 25TH BHADRA, 1942

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Bail Appl..No.5041 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CRMP 473/2020 DATED 03-08-2020 OF SPECIAL COURT (ATROCITIES AGAINST SC/ST), MANJERI

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IN CRIME NO.506/2020 OF KONDOTTY POLICE STATION , MALAPPURAM

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PETITIONER/ACCUSED:

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MUHAMMED JUNAID, AGED 24 YEARS, S/O ALAVI.M., ARAFA HOUSE, CHEKIRIYANMOOCHI, KARUVAMBRAM WEST POST, MALAPPURAM-676122 BY ADV. SRI.A.RAJASIMHAN

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RESPONDENT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN - 682031

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OTHER PRESENT:

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SRI.C.N.PRABHAKARAN - SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.5041 OF 2020

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ORDER

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Dated this the 16^th day of September, 2020

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APPLICATION FOR REGULAR BAIL

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The applicant is the 2^nd accused in Crime No.506 of 2020 of Kondotty Police Station, Malappuram, for having allegedly committed offences punishable under Sections 22(b) and 29(1) of the Narcotic Drugs and psychotropic Substances Act, 1985 ( for short the “NDPS Act”). The prosecution case, in brief, is this:

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On 16.07.2020, at about 19.20 hours, the 2^nd accused was travelling along with the 1^st accused, in a car bearing Reg.No. KL 7 BF 5181 and was engaged in the process of selling methamphetamine, a narcotic drug. On inspection, they were found to be in possession of 21.00 grams of the aforesaid drug. Hence, the crime was registered and both the accused were apprehended and thereafter, remanded to judicial custody on 17.07.2020. The applicant states that he has no criminal antecedents and that the allegation made against him is not true and that he has been in custody for fairly long time and

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B.A.No.5041 OF 2020

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therefore , he may be released on bail.

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Heard the learned counsel appearing for the applicant

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and the learned Public Prosecutor. The applicant has no other criminal antecedents. The quantity involved is intermediary. The applicant is only 24 years of age. Considering all these facts and also the present pandemic situation, I am inclined to grant him bail.

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In the result, the application is allowed and the

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applicant is directed to be released on bail on the execution of a bond for Rs.1,00,000/-(Rupees One lakh only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:

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(i) He shall appear before the Investigating Officer on all Mondays between 9.00AM and 12.00PM for a period of three months or till filing of the final report whichever is earlier.

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(ii) He shall not intimidate or influence witnesses and tamper with evidence.

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(iii) He shall not get involved in similar offences during the currency of the bail period.

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B.A.No.5041 OF 2020

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In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

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The bail application is allowed.

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Sd/ASHOK MENON JUDGE

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NR/16/09/20

Muhammed Junaid v. State of Kerala

Case brief

What is this about?

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Muhammed Junaid v. State of Kerala

Case brief

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