Suniva Surendra Ravat vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.272/2024 of the Sulthan Bathery Police Station, Wayanad registered against her for allegedly committing the offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘the Act’). The petitioner was arrested on 08.04.2024.

The essence of the prosecution case is that: on 08.04.2024, at around 14.30 hours, the accused was found transporting and in possession of 0.06 grams of LSD stamp in contravention of the provisions of the Act. The accused was arrested at the spot with the contraband article. Thus, the accused has committed the above offence.

Heard; Sri.Millu Dandapani, the learned counsel appearing for the petitioner and Sri.C.S.Hrithwik, the learned Public Prosecutor.

The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations leveled against her. She has been falsely implicated in the crime. There are no materials to show the petitioner's involvement in the case. In any given case, the petitioner has been in judicial custody since 08.04.2024, the investigation in the case is practically complete and recovery has been effected. Moreover, the contraband involved in the case is of an intermediate quantity and the petitioner does not have any criminal antecedents. Hence, the application may be allowed.

The learned Public Prosecutor seriously opposed the application. He submitted that the investigation in the case is in progress. He also stated that since the petitioner has no roots in the State of Kerala, there is every likelihood of her fleeing from justice. Furthermore, if the petitioner is released on bail, there is every likelihood of her committing similar offences. Hence, the application may be dismissed.

The prosecution allegation is that the petitioner was found in conscious possession of an intermediate quantity of LSD stamp and she was arrested on the spot with the contraband article. The fact remains that the petitioner has been in judicial custody since 08.04.2024, the quantity involved in the case is of an intermediate quantity and the petitioner does not have any criminal antecedents. Merely because the petitioner does not have roots in the State of Kerala, the same cannot be treated as a ground to deny bail to her in view of the law laid down by the Honourable Supreme Court in Hussainara Khatoon v. Home Secretary, State of Bihar [1981 SCC 181]. Therefore, I am inclined to allow the bail application, but subject to stringent conditions.

In the result, the application is allowed, by directing the petitioner to be released on bail on her 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 Saturday between 9 a.m. and 11 a.m till the final report is filed. She shall also appear before the Investigating Officer on every third Saturday between 9 a.m. and 11 a.m. till the conclusion of the trial in Crime No.272/2024.

(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 her 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 she is on bail;

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

(v) The petitioner shall furnish her present and permanent address and mobile phone number to the Investigating Officer and also to the jurisdictional court.

(vi) The petitioner shall not leave the territorial jurisdiction of the Court of Session, Wayanad without the previous permission of the jurisdictional court.

(vii) 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.

(viii) Application for deletion/modification of the bail conditions shall be filed and entertained before the court below.

(ix) 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 another [2020 (1) KHC 663].