Kerala High Court
Ashwin Peter vs State Of Kerala on 31 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
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
BAIL APPL. NO. 4265 OF 2024
CRIME NO.403/2024 OF Ernakulam South Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.1331 OF 2024 OF
DISTRICT COURT & SESSIONS COURT, ERNAKULAM
PETITIONER/S:
ASHWIN PETER
AGED 26 YEARS
S/O. ANTONY, PUTHENPARAMBIL HOUSE, EAST OF OLD POST
OFFICE, KUMBALANGHI, KOCHI, ERNAKULAM DISTRICT, PIN -
682007
BY ADVS.
AJITH GEORGE
ALOK RAJ
C.S.SHAHUL HAMEED
P.T.THAJMINA
NITIN SUSEELAN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
SR.PP.SMT.NEEMA T.V.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4265 OF 2024
2
ORDER
The application is filed under Section 439 of the
Code of Criminal Procedure, 1973, by the sole accused
in Crime No.403/2024 of the Ernakulam South Police
Station, Ernakulam, registered against him 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 18.03.2024.
2. The essence of the prosecution case is that: on
18.03.2024, at around 19.50 hours, the petitioner was
found in conscious possession of 2.02 grams of MDMA
in a room in a lodge. The petitioner was arrested on the
spot with the contraband article. Thus, the petitioner
has committed the above offence.
3. Heard; Sri.Ajith George, the learned counsel
appearing for the petitioner and Smt.Neema T.V., the
learned Public Prosecutor.
BAIL APPL. NO. 4265 OF 2024
4. The learned counsel for the petitioner
submitted that the petitioner is totally innocent of the
accusations leveled against him. He has been falsely
implicated in the crime. The investigation in the case is
complete and the final report has been laid. Moreover,
the contraband involved in the case is of an
intermediate quantity and the petitioner does not have
any criminal antecedents. Hence, the petitioner is
entitled to be released on bail. Therefore, the
application may be allowed.
5. The learned Public Prosecutor opposed the
application. She submitted that if the petitioner is
released on bail, there is every likelihood of him
committing similar offences. Nonetheless, she conceded
to the fact that the final report has been laid, the
petitioner does not have any criminal antecedents and
the contraband involved in the case is of an
intermediate quantity.
BAIL APPL. NO. 4265 OF 2024
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 petitioner has been in judicial custody
for the last nearly 75 days, the investigation in the case
is complete and the final report has been laid, and
further that the contraband involved in the case is of an
intermediate quantity and the petitioner does not have
any criminal antecedents, I am of the view that the
petitioner's further detention is unnecessary. Hence, I
hold that the petitioner is entitled to be released on
bail.
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:
BAIL APPL. NO. 4265 OF 2024
(i) The petitioner shall appear before the
Investigating Officer on every Saturday
between 9 a.m. and 11 a.m for a period of two
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;
BAIL APPL. NO. 4265 OF 2024
(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) Application 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
rkc/31.05.24
BAIL APPL. NO. 4265 OF 2024
APPENDIX OF BAIL APPL. 4265/2024
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF FIR IN CRIME NUMBERED
AS 403/2024 OF ERNAKULAM TOWN SOUTH
POLICE STATION, ERNAKULAM DISTRICT
Annexure A2 THE TRUE COPY OF THE SCHEDULE AS
EXTRACTED FROM THE ACT
Annexure A3 THE TRUE COPY OF THE ORDER IN CRL.M.C.
1331/2024 OF THE HON'BLE DISTRICT &
SESSION COURT ERNAKULAM(VACATION COURT)
DATED 13TH MAY 2024
