Regular bail application under Section 439 CrPC by the fifth accused in an NDPS case involving seizure of MDMA from a car. The court held that a commercial quantity of MDMA was seized, invoking Section 37 rigour, found no reasonable grounds to believe the applicant not guilty, and dismissed the application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 3RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946
BAIL APPL. NO. 3188 OF 2024
CRIME NO.1404/2023 OF KUNDARA POLICE STATION, KOLLAM AGAINST THE ORDER/JUDGMENT DATED 05.02.2024 IN BAIL APPL. NO.695 OF 2024 OF HIGH COURT OF KERALA
PETITIONER/5th ACCUSED:
MUHAMMAD SALASH AGED 23 YEARS, S/O.SALIM, PALLIVADAKKATHIL VEEDU, CHATHINAMKULAM, CHANDANATHOPE P.O, PERINAD VILLAGE, KOLLAM, PIN – 691014
BY ADVS. PRATHEESH.P ANJANA KANNATH
RESPONDENTS/STATE:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER KUNDARA POLICE STATION, KOLLAM DISTRICT, PIN - 691501
BY SRI.S.UNNIKRISHNAN - PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No. 3188/2024
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O R D E R
Dated this, the 3rd day of June, 2024
This is the third application filed under section 439 of the Code of Criminal Procedure seeking regular bail.
the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a
B.A.No. 3188/2024
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part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
B.A.No. 3188/2024
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granted in a case where there are reasonable grounds to believe that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. The counsel for the applicant is not able to point out the existence of any such facts or circumstances as are sufficient to justify recording a finding that he is not guilty of the offences charged.
Considering the submissions, after having gone through the materials on record, the gravity of offences and also as there is no change of circumstances, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
APA
B.A.No. 3188/2024
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APPENDIX OF BAIL APPL. 3188/2024
PETITIONER ANNEXURES
| ANNEXURE A1 | THE COPY OF FIR IN | CRIME NO.1404/2023 OF |
|---|---|---|
| KUNDARA POLICE STAT | ION DATED 14.7.2023 | |
| ANNEXURE A2 | THE COPY OF T | HE ORDER IN B.A |
| NO.10226/2023 DATED | 30.11.2023 | |
| ANNEXURE A3 | THE COPY OF ORDER | DATED 05-02-2024 IN |
| BAIL APPL.695/2024 | ON HIGH COURT |
1 issue framed by the court
Whether the applicant, accused of possessing MDMA with a commercial quantity seized from the vehicle, satisfies Section 37 NDPS Act requirements for regular bail.
6 provisions across 2 enactments
Muhammad Salash
State of Kerala
Station House Officer, Kundara Police Station
Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
