Full Judgment
BAIL APPL. NO. 6300 OF 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 8TH DAY OF AUGUST 2024 / 17TH SRAVANA, 1946 BAIL APPL. NO. 6300 OF 2024 CRIME NO.25/2024 OF KOTTARAKKARA EXCISE RANGE OFFICE, KOLLAM AGAINST THE ORDER/JUDGMENT DATED 23.07.2024 IN CRMC NO.1395 OF 2024 OF DISTRICT COURT & SESSIONS COURT,KOLLAM PETITIONER/ACCUSED: ARUL RAJ AGED 30 YEARS S/O RANGARAJAN, JAYARAGAM VEEDU, KIZHAKKEKARA DESAM, KOTTARAKARA VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT, PIN - 691506 BY ADVS. K.V.ANIL KUMAR RADHIKA S.ANIL RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SR.PUBLIC PROSECUTOR SRI.C.S HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.08.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BAIL APPL. NO. 6300 OF 2024 2 Dated this the 8th day of August, 2024
ORDER
The application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, BNSS), by the sole accused in Crime No.25/2024 of Kottarakkara Excise Range Office, Kollam, which is registered against him for allegedly committing the offence punishable under Section 20(b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner was arrested and remanded to judicial custody on 28.06.2024. 2.The gist of the prosecution case is that: on 28.06.2024, at around 16.00 hours, the accused was found in conscious possession of 1.6 kgs of ganja which BAIL APPL. NO. 6300 OF 2024 3 he was transporting on a motorcycle bearing registration No. KL-24/ H 8814. The accused was arrested on the spot with the contraband article. Thus, the accused has committed the above offence. 3.Heard; Sri.K.V. Anil Kumar, the learned counsel appearing for the petitioner and Sri.C.S. Hrithwik, the learned Senior Public Prosecutor.
4. The learned counsel for the petitioner
submitted that the petitioner is totally innocent of the accusation leveled against him. He has been falsely implicated in the crime. There is no material to show that the petitioner has committed the above offence. In any given case, the petitioner has been in judicial custody for the last 42 days, the investigation in the case is complete and recovery has been effected. Hence, the application may be allowed.
5.The learned Public Prosecutor opposed the application. He submitted that the petitioner is a BAIL APPL. NO. 6300 OF 2024 4 habitual offender, since he is involved in three other crimes, of which, one case is under Section 20 (b) (ii)
(A) of 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.
6. After bestowing my anxious consideration to
the facts, the rival submissions made across the Bar, and the materials placed on record, especially on considering the fact that the contraband allegedly seized from the accused is of an intermediate quantity, that the petitioner has been in judicial custody for the last 42 days, that the investigation in the case is practically complete, and that the recovery has been effected, 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 BAIL APPL. NO. 6300 OF 2024 5 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;
(iv) The petitioner shall surrender his BAIL APPL. NO. 6300 OF 2024 6
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 BAIL APPL. NO. 6300 OF 2024 7 Delhi) and another [2020 (1) KHC 663]. SD/- C.S.DIAS, JUDGE rmm8/8/2024