Kerala High Court
Midhun.M vs State Of Kerala on 21 November, 2024
Author: C.S.Dias
Bench: C.S.Dias
BAIL APPL. NO. 9423 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
BAIL APPL. NO. 9423 OF 2024
CRIME NO.366/2022 OF Cherthala Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED 08.11.2024 IN CRMP
NO.3645 OF 2024 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT -
III/ ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL-II, MAVELIKKARA
PETITIONER/S:
MIDHUN.M
AGED 25 YEARS
S/O MOHANAN, KARUVELIL HOUSE, THIRUVIZHA,
S.N.PURAM.P.O, MARARIKKULAM NORTH, ALAPPUZHA
DISTRICT, PIN - 688582
BY ADVS.
T.P.SANTHOSH KUMAR
C.H.ABDUL RASAC
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SR.PP.SMT.SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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C.S.DIAS,J
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Bail Application No.9423 of 2024
---------------------------------------------
Dated this the 21st day of November, 2024
ORDER
The application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (in short,
'BNSS') by the 3rd accused in Crime No.366/2022 of the
Cherthala Police Station, Alappuzha, which was originally
registered against three accused persons for allegedly
committing the offences punishable under Sections 22(c)
and 29 of the Narcotic Drugs and Psychotropic Substances
Act, 1985 (in short, 'NDPS Act'). Subsequently, as it was
revealed that the contraband involved in the case is
methamphetamine and not MDMA, the charge was altered
to Sections 22(b) &29 of the NDPS Act. The petitioner was
remanded to judicial custody on 03.10.2024.
2. The crux of the prosecution case, is that: on
20.05.2022, at 18:10 hours, the accused 1 and 2 were found
in conscious possession of 10.790 grams of MDMA. During
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the course of the investigation and the interrogation of
accused 1 and 2, it was revealed that it was the 3 rd accused
had supplied the contraband article to the accused 1 and 2.
Thus, the accused have committed the above offences. As
already stated above, in the chemical analysis of the
contraband article, it has turned out that the contraband is
methamphetamine and not MDMA. Consequently, the
charge is altered to Sections 22(b) and 29 of the NDPS Act.
3. Heard; Sri.Santhosh Kumar T.P., the learned
counsel appearing for the petitioner, and Smt.Seetha S., the
learned Public Prosecutor.
4. The learned counsel for the petitioner submitted
that the petitioner is totally innocent of the accusations
leveled against him. The petitioner was totally unaware of
the crime. No notice was served on the petitioner during the
investigation stage. It is only recently that the petitioner
came to learn that he was implicated as an accused.
Although he filed B.A.Nos.7192/2022 and 7590/2024 before
this Court for an order of pre-arrest bail, the same were
dismissed. Subsequently, the petitioner surrendered before
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the Investigating Officer on 03.10.2024. The petitioner was
handed over to Police custody from 14.10.2024 to
17.10.2024, the investigation in the case, so far as the
petitioner is concerned, is practically complete and recovery
has been long effected. The petitioner does not have any
criminal antecedents and the contraband involved in the
case is of an intermediate quantity. But, the complaint
(charge sheet) has not been filed. Therefore, the petitioner
is entitled to statutory bail. Hence, the application may be
allowed.
5. The learned Public Prosecutor opposed the
application. She submitted that the investigation in the
case, so far as the petitioner is concerned, is not completed.
The petitioner was absconding for two long years. It is only
recently the petitioner was arrested. If the petitioner is
enlarged on bail, there is a likelihood of him fleeing from
justice. Therefore, the application may be dismissed.
6. The prosecution allegation is that the accused 1
and 2 were found in conscious possession of 10.790 grams
of methamphetamine. The investigation has revealed that it
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was the petitioner who supplied the contraband article to
the accused 1 and 2. The fact remains that the petitioner
has been in judicial custody since 03.10.2024, the
investigation in the case is complete, the contraband
involved in the case is of an intermediate quantity, and the
petitioner does not have any criminal antecedents.
7. On an overall 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 since 03.10.2024,
the investigation in the case is practically complete,
recovery has been effected and that the contraband
involved in the case is of an intermediate quantity, 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
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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
9.00 am and 11.00 am till the filing of the
complaint (charge-sheet). He shall also appear
before the Investigating Officer as and when
directed;
(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
they are on bail;
(iv) The petitioner shall surrender his passport, if any,
before the jurisdictional court at the time of
execution of the bond. If he has no passport, he
shall file an affidavit to the effect before the said
court on the date of execution of the bond;
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(v) The petitioner shall not leave the territorial
jurisdiction of the jurisdictional court without its
previous permission;
(vi) 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.
(vii)Application for deletion/modification of the bail
conditions shall be moved and entertained by the
jurisdictional court.
(viii) 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 Anr. [2020 (1) KHC
663].
sd/-
C.S.DIAS,JUDGE
rkc/21.11.24
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APPENDIX OF BAIL APPL. 9423/2024
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FINAL REPORT FILED AGAINST
THE 1ST AND 2ND ACCUSED IN CRIME. NO.
366/2022 OF CHERTHALA POLICE STATION,
ALAPPUZHA DISTRICT.
Annexure 2 TRUE COPY OF THE CERTIFICATE SHOWING THAT
THE PETITIONER COMPLETED THE DIPLOMA IN
AYURVEDIC NURSING ISSUED BY THE ASRAMAM
TRAINING COLLEGE, VAZHAVARA
Annexure 3 TRUE COPY OF THE ORDER DATED 08.11.2024 IN
CRL.MP.NO.3645/2024 OF THE THE ADDITIONAL
SESSIONS COURT-III, ALAPPUZHA
