Shabul Haque vs State Of Kerala

Mohammed Nias C.P., J

The petitioner filed this application seeking regular bail under Section 439 of the Code of Criminal Procedure.

The petitioner is accused in Crime No.1049/2023 of Njarakkal Police Station for having allegedly committed offences punishable under Sections 465, 468 and 471 of the Indian Penal Code and Section 20(b)(ii)A of the NDPS Act.

The allegation against the petitioner is that, on 06.10.2023 at about 8.30 p.m., at the road side Kalamukku, the accused was found in possession of 71.30 grams of Ganja for sale. The accused was also found in possession of two Aadhar cards with the same unique identification number (Adhar No.604743959598) bearing his photographs and different addresses, which the accused had forged for the purpose of cheating. Thus, the accused committed the above said offences.

Learned counsel for the petitioner and the learned Public Prosecutor were heard.

Learned counsel for the petitioner submits that the petitioner was arrested on 06.10.2023 and that the major part of the investigation is over.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the allegation against the petitioner and the fact that the petitioner has been detained since 06.10.2023 and that taking into account the contentions raised by the learned counsel for the petitioner that no allegation that the alleged forged Aadhar used for the purpose of cheating and also since there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.

Accordingly, this application is allowed, and the petitioner granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court. Both the sureties must be the natives of the State of Kerala;

(ii) The petitioner shall report before the Investigating Officer as and when directed;

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iv) The petitioner shall surrender his passport, if any, within seven days from the date of his release before the Court concerned, and if the release of the passport is required at the later period, the petitioner shall be at liberty to move appropriate application for the same before the court having jurisdiction. If he has no passport, he shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter;

(v) The petitioner shall not be involved in any other crime while on bail;

If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.