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.
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
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
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;
(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
