Abhijith P P vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the second accused in Crime No.8/2024 of the Excise Enforcement & Anti Narcotic Special Squad, Ernakulam, registered against the accused (two in number), for allegedly committing the offences punishable under Sections 22(b), 27(a), 25 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner was arrested on 05.02.2024.

The crux of the prosecution case is that: on 05.02.2024, at around 19.15 hours, the accused Nos.1 & 2, after hatching a conspiracy, were seen travelling in a car through Elamakkara-Edappally, Ernakulam. When the car was intercepted and searched, 07 grams of MDMA was seized from their possession. Thus, the accused have committed the above offences.

Heard; Sri. Rameez Nooh, the learned counsel appearing for the petitioner and Smt. Shynimol V.O., the learned Public Prosecutor appearing for the respondent.

The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. There is no material to substantiate the involvement of the petitioner in the crime. In any given case, the contraband that was allegedly seized from the petitioner is of an intermediate quantity, the petitioner has no criminal antecedents, and the petitioner has been in judicial custody since 05.02.2024. The investigation in the case is practically complete, and the recovery has been effected. Therefore, the petitioner may be enlarged on bail.

The  learned  Public  Prosecutor  opposed  the application. She contended that the investigation in the case is in progress. Nonetheless, she conceded to the fact that the petitioner has no criminal antecedents, that the contraband is of an intermediate quantity, that he has been in judicial custody since 05.02.2024 and the recovery has been effected.

On an  anxious consideration of the facts, the rival submissions made across the Bar, and the materials placed on record, especially the fact that the contraband that was allegedly seized from the petitioner is of an intermediate quantity, that the petitioner has no criminal antecedents, that the petitioner has been in judicial custody since 05.02.2024, that the investigation in the case is complete, and that the recovery has been effected, I am of the view that the petitioner’s further detention is unnecessary. Hence, I am inclined to allow the bail application.

In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on every alternate Saturdays between 9 a.m. and 11 a.m for a period of three months or till the final report is laid, whichever is earlier. He shall also appear before the Investigating Officer as and when required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii)The petitioner shall not commit any offence while he is on bail;

(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.

(vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State(NCT of Delhi) and Anr. [2020 (1) KHC 663].