Allowed

Muhammed Rashid, K v. State of Kerala

Kerala HC15 Jun 2023Bail Appl./1179/2023

Case brief

AI extract

What is this about?

High Court of Kerala granted regular bail to two accused charged under the NDPS Act. The court allowed the bail application citing the inordinate delay of over 180 days in filing the final report and lack of extension application under Section 36A(4).

What did the court decide?

Petitioners released on bail on executing bond of Rs.50,000 each with two solvent sureties for the like sum.

Muhammed Rashid, K Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2023)

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BAIL APPL. NO. 1179 OF 2023

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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 BECHU KURIAN THOMAS

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THURSDAY, THE 15^TH DAY OF JUNE 2023 / 25TH JYAISHTA, 1945

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BAIL APPL. NO. 1179 OF 2023

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CRIME NO.993/2022 OF Nadakkavu Police Station, Kozhikode

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PETITIONERS/ ACCUSED 3 & 4 :

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1 MUHAMMED RASHID K., AGED 26 YEARS, S/O NOUSHAD, SAMJATH MAHAL, KALLIYAMKUNNU, KOMMERI P.O KOZHIKODE, NOW RESIDING AT AYISHA MANZIL, SOUTH ROAD, SHORNUR P.O., GANESH GIRI, PALAKKAD, PIN – 679 121

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2 ADHINAN C.V., AGED 24 YEARS, S/O KADIRIKOYA, C.V.HOUSE, OLAVANNA P.O, KOZHIKODE, PIN – 673 019

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BY ADVS. REGHU SREEDHARAN MUHAMMED SAJJAD ANWAR

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RESPONDENT/ COMPLAINANT :

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031

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BY PUBLIC PROSECUTOR SMT.SREEJA V.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 1179 OF 2023

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BECHU KURIAN THOMAS, J.

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

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B.A.No.1179 of 2023

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Dated this the 15^th day of June 2023

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ORDER

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This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

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Petitioners are accused Nos.2 and 3 in Crime No.993/2022 of Nadakkavu Police Station, Kozhikode District (wrongly mentioned as accused Nos.3 and 4 in the bail application). The offences alleged against the petitioners are under Section 22(c) r/w Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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According to the prosecution, on 28.11.2022, at about 11 A.M., the first accused was arrested from the K.S.R.T.C. Bus Stand, Kozhikode along with 57.630. grams of MDMA. During the course of investigation, it was revealed that the contraband was purchased by the petitioners and they entrusted it with the 1^st accused and the accused together committed the offences alleged.

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BAIL APPL. NO. 1179 OF 2023

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Learned Counsel for the petitioners contended that despite the lapse of more than 180 days, final report has not yet been filed and that an application for extension of time has also not been preferred.

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Smt.Sreeja V., learned Public Prosecutor upon instructions submitted that final report has not yet been filed nor has an application under Section 36A(4) of the NDPS Act been preferred.

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In view of the above submission of the learned Public Prosecutor, petitioners are entitled for statutory bail.

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In the result, this application is allowed on the following conditions:-

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(a) Petitioners shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

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(b) Petitioners shall appear before the Investigating Officer as and when required.

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(d) Petitioners shall not commit any similar offences while they are on bail.

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(e) Petitioners shall not leave India without the permission of the Court having jurisdiction.

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BAIL APPL. NO. 1179 OF 2023

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.

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BECHU KURIAN THOMAS, JUDGE

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jm/

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BAIL APPL. NO. 1179 OF 2023

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APPENDIX OF BAIL APPL. 1179/2023

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PETITIONERS' ANNEXURES :

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Annexure 1 CERTIFIED COPY OF ORDER DATED 31.12.2022 IN CRL.M.P NO.979/2022 OF THE HON'BLE COURT OF THE SPECIAL JUDGE VATAKARA

Muhammed Rashid, K v. State of Kerala

Case brief

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Muhammed Rashid, K v. State of Kerala

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