Seena Suseendran vs State Of Kerala

Mohammed Nias C.P., J.

This application is filed by the second accused in Crime No.34/2023 of EE & ANSS, Ernakulam, registered under Sections 22(c),22B, 2(A), 21(B) and 25 of the Narcotic Drugs and Psychotropic Substance Act, 1985, seeking regular bail under Section 439 of the Cr.P.C.

The prosecution case is that, at 5.15 p.m., on 13/5/2023, 725.875 grams of MDMA and 55.8645 grams of Hashish Oil were seized from V.M.Manner, a flat of Thrikkakara Municipality, and the first accused managed to escape from the clutches of the investigating officer by wielding a weapon. However, on the next day, A1 and A2 came near the above flat, and the second accused attempted to enter the flat when A1 and A2 were apprehended along with a bike.

The learned counsel for the petitioner submits that apart from the confession of A1, there is no material at all to connect the second accused. It is also pointed out that the seizure of the contraband was from the house of the first accused and that the second accused was taken to the flat after two days as she went there on instructions from A1 to take her clothes and also the contraband, so as to give to A1 and it was at that point of time both of them were arrested. It is also pointed out that she is under treatment for psychiatric illness, as revealed from the annexures. He submits that the petitioner was arrested on 15/5/2023, and she has been in custody since then and prayed for bail.

The learned Public Prosecutor opposing the bail application submits that even at escaped on 13/5/2023 and came back again on 15/5/2023 along with A2, and A2 came there to take the dress and contraband belonging to A1, and it was at that point of time both of them were arrested.

Having considered the rival contentions, I find considerable force in the argument of the learned counsel for the petitioner that apart from the confession of the accused, there is no material, as of now, to connect the second accused with the crime even going by the statement given by A2 shows that she had gone there on 15/5/2023 along with A1 to take the dress and the contraband which was kept there by A1 to be handed over to A1. Apart from this, no other independent evidence was produced or on record to suggest the involvement of A2 in the crime. It is also shown that she is under treatment for psychiatric illness and that there are no antecedents against her. At least prima facie, on the basis of the materials now on record, apart from the confession and the arrest made along with A1 on 15/5/2023, there are no other materials to connect A2 with the crime, I hold both the limbs of Section 37 of the NDPS Act will hold in favour of the petitioner, and she is accordingly released on bail on the following the conditions:

i. The petitioner shall be released on bail on executing a separate 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; one of the sureties shall be a parent or close relative of the petitioner.

ii. The petitioner shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m. for three months and thereafter as and when directed to appear.

iii.The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence or do anything that might adversely affect the trial;

iv. The petitioner shall not commit any offence while on bail;

v. The petitioner shall not leave the State of Kerala without the permission of the Court having jurisdiction;

vi. The petitioner shall not leave India without the permission of the jurisdictional Court and, if she has a passport, shall deposit the same before the Trial Court within a week.

vii. The petitioner shall furnish his present address along with her mobile number to the Court concerned as well as to the investigating officer.

viii. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.