Ananta Kumar Sahoo, Basantha Kumar Sahoo and Krushna Chandra Barik v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE C.S.DIAS** **THURSDAY, THE 1[ST] DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945** ## **BAIL APPL. NO. 157 OF 2024** ## **CRIME NO.1040/2023 OF Kasaba Police Station, Kozhikode** ## **PETITIONER/S:** 1 ANANTA KUMAR SAHOO, AGED 35 YEARS S/O MATIA ,AHOO,BANAMALIPURPATANA,BANAMALIPURAPATANA NAYAGARH,ODISHA, PIN - 752077 2 BASANTHA KUMAR SAHOO, AGED 40 YEARS S/O MATIA SAHOO,BANAMALIPURPATANA,BANAMALIPURPATANA NAYAGARH,ODISHA, PIN - 752077 3 KRUSHNA CHANDRA BARIK, AGED 48 YEARS S/O SOURI BARIK,BANAMALIPURPATANA,BANAMALIPURPATANA FATEGARH NAYAGARH,ODISHA, PIN - 752077 BY ADV M.DEVESH ## **RESPONDENT/S:** STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ## **OTHER PRESENT:** SR PP SMT NEEMA T V THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 157 OF 2024 2 ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the accused 1 to 3 in Crime No.1040/2023 of the Kasaba Police Station, Kozhikode, registered against the petitioners (three in number) for allegedly committing the offences punishable under Secs.20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act). The petitioners were arrested on 09.12.2023. 2. The gist of the prosecution case is that: around 6.45 hours on 09.12.2023, the accused were found in possession of 16.394 kilograms of ganja near the AAP School, Thalikulangara near Mankav junction, Kozhikode. Thus, the accused have committed the above offences. 3. Heard; Sri.M.Devesh, the learned counsel appearing for the petitioners and Smt.Neema T.V., the learned Public Prosecutor. BAIL APPL. NO. 157 OF 2024 3 4. The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusations leveled against them. They have been falsely implicated in the crime. The petitioners have no criminal antecedents. The petitioners are law abiding citizens. The petitioners have been in judicial custody since 09.12.2023 which is nearly 56 days. The contraband that has been seized is of intermediate quantity. The petitioners would be entitled to default bail by 08.02.2024. The investigation in the case is practically complete and the recovery has been effected. The petitioners' continued detention is unnecessary. Hence, the application may be allowed. 5. The learned Public Prosecutor opposed the application. She contended that the petitioners were found in possession of 16.394 kilograms of ganja. The BAIL APPL. NO. 157 OF 2024 4 petitioners belong to the State of Odisha. If the petitioners are enlarged on bail, there is every likelihood of them fleeing from justice and also committing similar offences. Hence, the application may be dismissed. 6. On an analysis of the materials placed on record, particularly taking note of the fact that the petitioners were arrested on 09.12.2023 which is nearly 56 days, that the investigation in the case is practically complete, that recovery has been effected, that the petitioners' have no criminal antecedents, that the contraband is of intermediate quantity and the petitioners will be entitled to default bail on 08.02.2024, I am of the definite view that the petitioners' continued detention is unnecessary. Hence, I am inclined to allow the bail application, but subject to stringent conditions: BAIL APPL. NO. 157 OF 2024 5 In the result, the application is allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.50,000/- (Rupees Fifty thousand 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 petitioners 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. They shall also appear before the Investigating Officer as and when required; - (ii) The petitioners 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; BAIL APPL. NO. 157 OF 2024 6 - (iii) The petitioners shall not commit any offence while they are on bail; - (iv) The petitioners shall surrender their passport, if any, before the court below at the time of execution of the bond. If they have no passport, they shall file an affidavit to the effect before the court below on the date of execution of the bond; - (v) The petitioners shall not leave the territorial jurisdiction of the Kozhikode Sessions Division without previous permission of the jurisdictional court. The petitioners shall furnish their present address and mobile numbers to the Investigating Officers. - (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 BAIL APPL. NO. 157 OF 2024 7 accordance with law. - (vii) Applications for deletion/modification of - the bail conditions shall be filed and entertained before the court below. - (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 petitioners even while the petitioners are 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/01.02.24 BAIL APPL. NO. 157 OF 2024 8 ## **APPENDIX OF BAIL APPL. 157/2024** PETITIONER ANNEXURES Annexure 1 TRUE COPY OF FIR AND FIS IN CRIME NO 1040/2023 ON THE FILES OF KASABA POLICE STATION KOZHIKODE