Nibin Abhilash vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by accused 1 and 2 in Crime No.172/2024 of the Elamakkara Police Station, Ernakulam, registered against the accused, for allegedly committing the offence punishable under Section 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short, ‘the N.D.P.S Act’]. The petitioners were arrested on 26.02.2024.

The crux of the prosecution case is that, on 26.02.2024 at around 21.20 hrs, the accused were found in conscious possession of 1.332gms of ganja, which was meant for the purpose of sale in a house at Padam Road, Edapally South Village, Ernakulam. Thus, the accused have committed the above offences.

Heard Sri.Rameez Nooh, the learned counsel appearing for the petitioners and Sri.C.S.Hrithwik, the learned Senior Public Prosecutor appearing for the respondent.

The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusations levelled against them. They have been falsely implicated in the crime. The petitioners are persons without any criminal antecedents. Moreover, the contraband involved in the case is of an intermediate quantity. In any given case, the petitioners have been in judicial custody since 26.02.2024, the investigation in the case is practically complete and recovery has been effected. Therefore, the petitioners further detention is unnecessary. Hence, the application may be allowed.

The learned Public Prosecutor opposed the application. It is submitted that the investigation in the case is in progress. Nonetheless, he conceded to the fact that the contraband involved in the case is of an intermediate quantity, the petitioners have been in judicial custody since 26.02.2024, the investigation in the case is practically complete and the petitioners are persons without any criminal antecedents.

After bestowing my anxious consideration to the facts, the rival submissions made across the Bar, the materials placed on record, particularly taking note of the fact that the petitioners have been in judicial custody since 26.02.2024, the contraband involved in the case is of an intermediate quantity, that the petitioners have no criminal antecedents, that the recovery has been effected and investigation in the case is practically complete, I am of the view that petitioners continued detention is not necessary. Hence, the petitioners are entitled to be released on bail.

In the result, the application is allowed, by directing the petitioners to be released on bail on they 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 petitioners shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of two months or till the final report is laid, whichever is earlier. They shall also appear before the Investigating Officer as and when required;

(ii) The petitioners 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 them from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioners shall not commit any offence while they are on bail;

(iv) The petitioners shall surrender their passport, if any, before the court below at the time of execution of the bond. If they have no passport, they 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 filed and entertained before 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 petitioners even while the petitioners are 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].