The Kerala High Court on Monday granted bail to four persons arrested in connection with the alleged possession of narcotic drugs in Tanur, Malappuram. Justice Mohammed Nias C.P. passed the order. The prosecution case is that accused persons were selling a synthetic narcotic drug called MDMA in a car. Upon receiving information regarding the same, the police proceeded to the site and arrested...
The Kerala High Court on Monday granted bail to four persons arrested in connection with the alleged possession of narcotic drugs in Tanur, Malappuram.
Justice Mohammed Nias C.P. passed the order.
The prosecution case is that accused persons were selling a synthetic narcotic drug called MDMA in a car. Upon receiving information regarding the same, the police proceeded to the site and arrested the accused, after seizing the contraband. The accused persons had been in custody since August 1, 2023.
Advocate P.V. Jeevesh submitted on behalf of the accused petitioners that they had been falsely implicated in the case with ulterior motives. The counsel emphasized that since the petitioners had been in custody since August 1, their continued custody was unnecessary. The counsel added that this was the case wherein the first accused person had died while in police custody, and that the present case was filed only to save the face of the police and to ward off the allegations against the latter.
Thirty year old Tamir Jifri had been taken into custody by the members of DANSAF (District Anti Narcotic Special Action Force) under the suspicion of possession of narcotic drugs. He was thereafter allegedly taken to a 'Torture Centre' in Tanur on July 31, 2023 and brutally tortured. Jifri however, died after his custody was handed over to the Tanur Police Station, the next day. The High Court had in that case, directed the CBI to take over investigation into the custodial death of Jifri.
Noting that petitioners have been in custody for more than 50 days, the Court held that they could be enlarged on bail.
"After considering the rival submissions and taking into account the fact that the Report shows that the contraband seized is Methamphetamine, the fact that the petitioners have been in custody since 01/08/2023 and also the order of this Court in B.A. 7572/2023 of this day as regards the 4th accused, I hold that the petitioners can be enlarged on bail," Justice Nias declared.
The petitioners were thus granted bail subject to them executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
Senior Public Prosecutor P.G. Manu appeared for State.
Citation: 2023 LiveLaw (Ker) 513
Case Title: Mansoor & Ors. v. State of Kerala & Anr.
Case Number: BAIL APPL. NO. 7400 OF 2023
Click Here To Read/Download The Order