Allowed

Muhammed Faisal v. State of Kerala

Kerala HC13 Mar 2023Bail Appl./1062/2023

Case brief

AI extract

What is this about?

The Kerala High Court granted regular bail to the petitioner, accused in a Narcotic Drugs case under Section 20(b)(ii)(B) of the NDPS Act, considering him a first-time offender with a progressed investigation, subject to strict conditions including bond amount and travel restrictions.

What did the court decide?

Petition allowed; petitioner released on bail on Rs. 50,000 bond with two sureties of like amount; strict conditions imposed regarding tie, travel, and passport surrender.

Muhammed Faisal Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

¶4

MONDAY, THE 13^TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944

¶5

BAIL APPL. NO. 1062 OF 2023

¶6

CRIME NO.2 OF 2023 OF PATTAMBI EXCISE RANGE OFFICE, PALAKKAD

¶7

PETITIONER/ACCUSED:

¶8

MUHAMMED FAISAL AGED 34 YEARS S/O. ALI, SANKETHATHIL HOUSE, PULASSERY P.O, KOPPAM, PATTAMABI , PALAKKAD DT., PIN – 679307.

¶9

BY ADVS. A.HAROON RASHEED MUHAMMADALI MANEKKATHODI

¶10

RESPONDENT/STATE:

¶11

STATE OF KERALA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031.

¶12

P G MANU SR PP

¶13

THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02.03.2023, THE COURT ON 13.03.2023 DELIVERED THE FOLLOWING:

¶14

B.A.No.1062/2023 2

¶15

A. BADHARUDEEN, J.

¶16

================================

¶17

B.A.No.1062 of 2023

¶18

================================

¶19

Dated this the 13 th day of March, 2023

¶20

O R D E R

¶21

This is an application for regular bail at the instance of the sole

¶22

accused in Crime No.2/2023 of Pattambi Excise Range, where prosecution alleges commission of offences punishable under Sections 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act (`NDPS Act’ for short hereinafter).

¶23

2 . The prosecution allegation is that at about 5.30 p.m on 25.01.2023 the accused was nabbed along with 1.35 kg of Ganja

¶24

since he possessed the same against the prohibitions contained in the NDPS Ac t. Accordingly, crime was registered against the petitioner alleging commission of the above said offences.

¶25

3. The learned counsel for the petitioner, pursued the relief of regular bail pointing out the custody of the petitioner from 25.01.2023 and the progress of the investigation, while highlighting

¶26

that the petitioner is a first time offender.

¶27

B.A.No.1062/2023 3

¶28

4 . Whereas the learned Public Prosecutor zealously opposed

¶29

bail to the petitioner who alleged to have committed serious offences. At the same time, the learned Public Prosecutor conceded the fact that the petitioner is a first time offender.

¶30

5 . I have perused the case diary along with the materials available. The petitioner has been in custody from 25.01.2023 and he has no criminal antecedents. Since the investigation requiring the petitioner in custody has achieved much progress and in consideration that the petitioner has no criminal antecedents, he is liable to be enlarged on bail on conditions.

¶31

6 . Accordingly, the petition stands allowed and the

¶32

petitioner can be released on bail on the following conditions:

¶33

i. Accused/petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court concerned.

¶34

ii. Accused/petitioner shall not intimidate the witnesses or

¶35

B.A.No.1062/2023 4

¶36

tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of one month and also appear before the Investigating Officer as and when directed.

¶37

iii. Accused/petitioner shall not leave India without prior permission of the jurisdictional court.

¶38

iv. The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial court. If he has no passports, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

¶39

v. Accused/petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same alone shall be a reason to cancel the bail hereby granted.

¶40

Sd/- (A. BADHARUDEEN, JUDGE)

¶41

rtr/

Muhammed Faisal v. State of Kerala

Case brief

What is this about?

What did the court decide?

Muhammed Faisal 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

Subin Varghese, Vs State of Kerala

Tijo John Vs State of Kerala

Dany Joshy Vs State of Kerala

Rajesh K B Vs State of Kerala

Rajesh K B Vs State of Kerala

Farook M Vs State of Kerala