Allowed

Harif C. v. State of Kerala

Kerala HC5 Aug 2021Bail Appl./5283/2021

Case brief

AI extract

What is this about?

The Kerala High Court allowed the bail application of an accused charged under the NDPS Act for possessing MDMA. Since the final investigation report was not laid after 62 days of custody, the court granted statutory bail under Section 167(2) of the CrPC subject to specific conditions.

What did the court decide?

Petitioner released on bail on bond of Rs.50,000/- with two sureties, subject to conditions including surrender of passport and maintaining social distancing.

Harif C. Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE K.HARIPAL

¶4

THURSDAY, THE 5^TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943

¶5

BAIL APPL. NO. 5283 OF 2021

¶6

PETITIONER/ACCUSED (IN CUSTODY FROM 03.06.2021):

¶7

HARIF C. AGED 31 YEARS S/O.ABDUL KHADAR, BAITHUL MASHOOR, VATTAPOYIL, MUZHUKKUNNU P.O., THALASSERY, KANNUR DISTRICT – 670702.

¶8

BY ADVS. P.MOHAMED SABAH LIBIN STANLEY

¶9

RESPONDENTS/STATE & COMPLAINANTS:

¶10

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

¶11

2 STATION HOUSE OFFICER IRITTY POLICE STATION, KANNUR DISTRICT - 670 703.

¶12

BY SRI. PRASANTH M.P., PUBLIC PROSECUTOR

¶13

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

Bail Appl.No.5283 OF 2021 2

¶15

ORDER

¶16

Petitioner is the sole accused in Crime No. 214/2021 of Iritti police station which was registered alleging offence under Section 22(b) of Narcotic Drugs and Psychotropic Substances Act, 1985. The subject matter of the crime is the seizure of 4.38 grams of MDMA from the possession of the petitioner on 03.06.2021 at 4.05 A.M., while he was travelling in a car bearing Registration No. KL-78-6789 at Kootappuzha police check post. The petitioner was arrested along with the contraband and since then is in judicial custody.

¶17

The earlier application for bail was dismissed by this Court vide order dated 30.06.2021. Now the learned counsel for

¶18

the petitioner submits that he is in custody for the last 62 days, that he is entitled to get statutory bail since the final report is not yet laid.

¶19

The learned Public Prosecutor also confirms that the final report is not laid. That means he is entitled to get statutory bail under Section 167(2) of the Code of Criminal Procedure. He shall be released on bail on the following conditions:-

¶20

i) The petitioner shall execute a bond for Rs.50,000/-

¶21

Bail Appl.No.5283 OF 2021 3

¶22

(Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

¶23

ii) He shall surrender his passport within ten days from the date of release on bail before the jurisdictional court. If he does not possess a passport, an undertaking shall be filed to that effect;

¶24

iii) He shall not try to contact or influence the witnesses or tamper with the evidence;

¶25

iv) He shall not involve in any crime during the bail period;

¶26

v) He shall not leave the country without permission of the jurisdictional Court;

¶27

vi) He shall appear before the Investigating Officer/committal court/trial court as and when required.

¶28

vii) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19 pandemic;

¶29

viii) If any of the above conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

¶30

This bail application is allowed as above.

SD/-

K.HARIPAL

JUDGE

DCS/04.08.2021

Harif C. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Harif C. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Maneesh Vs State of Kerala

Pradeep.B Vs State of Kerala

Ajith Kumar Vs the Station House Officer

Sarath Shaji Vs State of Kerala

Sudhi Vs State of Kerala

Mujeeb Vs State of Kerala