Kerala High Court
Arvin vs State Of Kerala on 11 April, 2024
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
BAIL APPL. NO. 2102 OF 2024
CRIME NO.103/2024 OF OLLUR POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT DATED 24.02.2024 IN CRMP NO.1531 OF
2024 OF DISTRICT COURT & SESSIONS COURT,THRISSUR
PETITIONER/5TH ACCUSED:
ARVIN,
AGED 32 YEARS
S/O ASOKAN , PULIKKAL HOUSE,
SURABHI LANE, KUTTANELLOOR DESOM, OLLUR VILLAGE ,
THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680014
BY ADV M.J.POLLY
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
OTHER PRESENT:
SR PUBLIC PROSECUTOR SMT SEETHA S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. NO.2102 OF 2024 2
Dated this the 11th day of April, 2024
ORDER
The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the 5th accused in Crime No.103/2024 of the Ollur Police Station, Thrissur, registered against the accused for allegedly committing the offences punishable under Sections 20(b) (ii) (B) r/w Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the Act'). The petitioner was arrested on 28.1.2024.
2. The crux of the prosecution allegation is that: on 25.1.2024, at around 11 hours, the accused were found in conscious possession of 1.900 Kg of ganja. The detecting officer and the party arrested the accused with the contraband then and there at the spot. Thus, the accused have committed the above offences.
B.A. NO.2102 OF 2024 3
3. Heard; Sri. Polly M.J, the learned counsel appearing for the petitioner and Smt.Seetha S. the learned Senior Public Prosecutor.
4. 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. In any given case, the petitioner has been in judicial custody since 28.1.2024, the contraband involved in the case is of an intermediate quantity and the petitioner has no criminal antecedents. Moreover, the investigation in the case is practically complete and recovery has been effected. Hence, the petitioner may be released on bail.
5. The learned Public Prosecutor opposed the application. She submitted that the investigation is in progress. She also stated that if the petitioner is released on bail, there is every likelihood of him committing a similar offence. Hence, the application may be dismissed. Nonetheless, she did not dispute to the fact B.A. NO.2102 OF 2024 4 that the contraband involved in the case is 1.900 Kg of ganja, which is of an intermediate quantity and the petitioner has no criminal antecedents.
6. On an anxious consideration of the facts, the rival submissions made across the Bar, and the materials placed on record, especially on considering the fact that the contraband that was 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 28.1.2024, that the investigation in the case is practically complete and 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 B.A. NO.2102 OF 2024 5 the following conditions:
(i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of three months or till the final report is filed, 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;B.A. NO.2102 OF 2024 6
(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 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].
SD/-
C.S.DIAS, JUDGE rmm11/4/2024