Sujith Satheesan vs State Of Kerala

Kerala High Court

Sujith Satheesan vs State Of Kerala on 23 May, 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 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                      BAIL APPL. NO. 1775 OF 2024
     CRIME NO.983/2023 OF PATHANAMTHITTA POLICE STATION,
                               PATHANAMTHITTA
AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. NO.11528 OF
2023 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.4:

             SUJITH SATHEESAN,
             AGED 24 YEARS
             S/O SATHEESAN, VALIYAKUNNATH S.S BHAVAN,
             ERAVIPEROOR VILLAGE, THIRUVALLA TALUK,
             PATHANAMTHITTA, PIN - 689542

             BY ADVS.
             C.S.MANU
             DILU JOSEPH
             C.A.ANUPAMAN
             T.B.SIVAPRASAD
             C.Y.VIJAY KUMAR
             MANJU E.R.
             ANANDHU SATHEESH
             ALINT JOSEPH



RESPONDENT:

             STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
             KERALA, PIN - 682031

             SR.PUBLIC PROSECUTOR SMT.NEEMA T.V.


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.05.2024,     THE    COURT     ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 B. A No.1775 of 2024
                                 2




             Dated this the 23rd     day of May, 2024

                             ORDER

This is the second application filed under Section 439 of the Code of Criminal Procedure, 1973, by the fourth accused in Crime No.983/2023 of the Pathanamthitta Police Station, Pathanamthitta, registered against the accused (four in number) for allegedly committing the offences punishable under Sections 20(b)(ii)(C) and 22(C) r/w Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( in short, 'Act'). The petitioner's arrest was recorded on 05.10.2023 .

2. The gist of the prosecution case is that: the Inspector of Police, Pathanamthitta, seized 98.400 kg of Ganja and 500 gm of MDMA from the house owned by one Rafeek situated in Karimpinakkuzhy in Pathanamthitta and 4 kg of Ganja from a car bearing B. A No.1775 of 2024 3 registration No.KL-03-AE-2548, parked in the porch of the said house on 26.07.2023 at about 18.00 hours. The three accused were arrested from the house, and the above crime was registered. During the course of the investigation, it was revealed that the contraband articles were handed over to the accused by the 4th accused at Bangalore, who was already in remand in connection with Crime No.108/2023 of the Excise Range Office, Sulthan Bathery, for committing a similar offence. Thus, the accused have committed the above offences.

3. Heard; Sri.C.S.Manu, the learned counsel appearing for the petitioner and Smt. Neema T.V., the learned Senior Public Prosecutor appearing for the respondent.

4. The learned counsel for the petitioner submitted that the present application is filed in view of the change of circumstances i.e. the final report has been filed in the above crime. Since the petitioner has B. A No.1775 of 2024 4 been in judicial custody since 5.10.2023, the petitioner is entitled to be released on bail.

5. The learned Public Prosecutor opposed the application. She submitted that by Annexure A2 order, this Court has already held that the petitioner is not entitled to be released on bail in view of the rigour under Section 37 of the Act. Merely because the final report has been laid, the same cannot be treated as a ground to enlarge the petitioner on bail.

6. The principle contention of the petitioner is that, there is a change of circumstance, after the passing of Annexure A-2 order, in view of the filing of the final report.

7. The Honourable Supreme Court in Narcotics Control Bureau v. Mohit Aggarwal [2022 KHC Online 6720] has categorically held that merely because the final report is laid, the same cannot be treated as a ground to enlarge a petitioner on bail. B. A No.1775 of 2024 5

In view of the elaborate findings rendered by this Court in Annexure A2 order and the law laid down in Mohit Aggarwal's case, I hold that there is no change of circumstances to enlarge the petitioner on bail.

Resultantly, the application is dismissed.

SD/-

C.S.DIAS, JUDGE rmm23/5/2024