Dheekshit vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the 20th accused in Crime No.36/2021 of Excise Range Office, Ernakulam. He is alleged to have committed offences under Sections 22(c), 25, 27A and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

According to the prosecution, the accused, in furtherance of the criminal conspiracy hatched among themselves, were found in possession of 83.896 gram of Methamphetamine Hydrochloride on 19.08.2021, and thereby committed the offences alleged.

Sri. Millu Dandapani, the learned counsel for the petitioner contended that, the prosecution allegations are false and the petitioner has been wrongly arrayed as an accused. It was further submitted that, even going by the prosecution allegations petitioner is alleged to have provided financial assistance to the main accused and thereby committed the offences alleged. According to the learned counsel, as per Annexure A3 order of the Supreme Court in S.L.P.No.12116/2022 the petitioner therein who was the 15th accused was granted bail, after noticing that the said accused was arrested on 23.10.2021 and there are 113 prosecution witnesses to be examined. It was also noticed that the said petitioner had no antecedents as well. According to the learned counsel, the petitioner in the present bail application is similarly situated, having been arrested on 06.11.2021, and hence he also ought to be granted the same benefit as that of the said accused.

Sri. Manu.P.G the learned Public Prosecutor submitted that, the prosecution allegations against the petitioner are serious and that he is alleged to have committed very serious crime. It was further submitted that petitioner has a criminal antecedent in the form of Crime No.482/2016 under Section 279 of I.P.C and 185 of the Motor Vehicles Act and therefore, he ought not be given the same benefit as that of Annexure A3 order of the Supreme Court.

I have considered the rival contentions and also perused the final report filed in Crime No.36/2021 of Excise Range Office, Ernakulam.

In the order dated 17.04.2023, the Supreme Court had granted bail to the 15th accused in the very same crime, after noticing that the allegations against the said accused was providing financial assistance to the main accused in the case. It was further noticed in the same judgment that, even though the final report was filed on 11.02.2022, there are 113 prosecution witnesses. No doubt, petitioner is almost similarly situated, as the allegations against him is also for providing financial assistance to the main accused. Petitioner was arrested on 06.11.2021 and has been in custody since then. As noticed by the Supreme Court in the order in S.L.P.No.12116/2022, granting bail to the 15th accused, there are 113 prosecution witnesses. Till date the trial has admittedly not started.

In view of the above, this Court is of the view that petitioner must also be given the same benefit as that in Annexure A3 order of the Supreme Court.

Accordingly, this application is allowed on the following conditions:-

a) Petitioner shall be released on bail on him 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 court having jurisdiction.

b) Petitioner shall co-operate with the trial of the case.

c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

d) Petitioner shall not commit any other offences while he is on bail.

e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.