Kerala High Court
Suhail T.N vs State Of Kerala Through The Sub ... on 3 October, 2024
Author: C.S.Dias
Bench: C.S.Dias
BAIL APPL. NO. 7929 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
BAIL APPL. NO. 7929 OF 2024
CRIME NO.457/2024 OF Infopark Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.2564 OF 2024
OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM
PETITIONER/S:
SUHAIL T.N
AGED 22 YEARS
SLO. NAZEER, BISHRATH HOUSE, KAVILPADU. P.O.
NAVAJYOTHI NAGAR, OLAVAKKODE, PALAKKAD DISTRICT,
KERALA., PIN - 678002
BY ADVS.
SHYLA SHAFFEQ
P.M.NASEEMA
T.K.USHA RANI
RESPONDENT/S:
STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE
INFOPARK POLICE STATION, KAKKANAD. REP. BY THE PUBLIC
PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.., PIN -
682031
OTHER PRESENT:
SR PP SRI C S HRITHWIK
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 7929 OF 2024
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C.S.DIAS,J
--------------------------------------------
Bail Application No.7929 of 2024
---------------------------------------------
Dated this the 3rd day of October, 2024
ORDER
The application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (in short,
'BNSS'), by the 2nd accused in Crime No.457/2024 of the
Infopark Police Station, Ernakulam, which is registered
against the 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, 'the Act'). The petitioner was arrested and remanded
to judicial custody on 09.08.2024.
2. The gist of the prosecution case is that: on
09.08.2024, the accused were found in conscious possession
of 13.52 grams of MDMA, which was meant for sale. They
were arrested on the spot with the contraband article. Thus,
the accused have committed the above offences.
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3. Heard; Smt.Shyla Shafeeq, the learned counsel
appearing for the petitioner and Sri.C.S.Hrithwik, the
learned Public Prosecutor.
4. The learned counsel for the petitioner submitted
that the petitioner is innocent of the accusations leveled
against him. There is no material to substantiate the
petitioner's culpability in the crime. In any given case, the
petitioner has been in judicial custody for the last nearly two
months, the investigation in the case is complete and
recovery has been effected. Furthermore, as per the
Chemical Analysis Report submitted by the Regional
Chemical Examiner's Laboratory, Kakkanad dated
12.09.2024 it has turned out that the contraband is
'methamphetamine' and not 'MDMA'. Therefore, the
contraband is of an intermediate quantity. Hence, the rigour
under Section 37 of the Act does not apply to the facts of the
case. Therefore, the application may be allowed.
5. The learned Public Prosecutor opposed the
application. He submitted that the petitioner is involved in
another crime in the year 2022 for committing an offence
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under the NDPS Act. If the petitioner is enlarged on bail,
there is every likelihood of him committing similar offences.
Hence, the application may be dismissed. Nevertheless, he
did not dispute the fact that the contraband involved in the
case is now found to be 'methamphetamine' and not 'MDMA'
as per the Chemical Analysis Report referred to above.
6. The prosecution case is that the petitioner and the
1st accused were found in conscious possession of 13.52
grams of MDMA. Indisputably, as per the Chemical Analysis
Report, the contraband involved in the case is
'methamphetamine' and not 'MDMA'. Therefore, the
contraband is of an intermediate quantity.
7. On an overall consideration of the facts, rival
submissions made across the Bar and the materials placed
on record, particularly on considering the fact that the
contraband involved in the case of an intermediate quantity,
that the petitioner has been in judicial custody for the last
nearly two months, the investigation in the case is complete
and recovery has been effected, I am of the firm view that
further detention of the petitioner is unnecessary. Hence, I
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am inclined to allow the 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 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;
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(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) 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/03.10.24
BAIL APPL. NO. 7929 OF 2024
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APPENDIX OF BAIL APPL. 7929/2024
PETITIONER ANNEXURES
Annexure A1 THE FREE COPY OF THE ORDER CRL. M.C. NO.
2564 / 2024 BEFORE THE HON'BLE DISTRICT AND
SESSIONS COURT, ERNAKULAM
