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
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
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.
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
