Aravind Mohan v. State of Kerala

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 4[TH] DAY OF JUNE 2024 / 14TH JYAISHTA, 1946 ``` ``` BAIL APPL. NO. 4313 OF 2024 ``` ``` CRIME NO.121/2024 OF PARASSALA POLICE STATION, ``` ``` THIRUVANANTHAPURAM ``` ``` AGAINST THE ORDER DATED 09.05.2024 IN SC NO.649 OF 2024 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV, THIRUVANANTHAPURAM / I ADDITIONAL MACT ``` ## **`PETITIONER/SOLE ACCUSED:`** ``` ARAVIND MOHAN AGED 25 YEARS S/O MOHANAN NAIR, RESIDING AT UTHARAM NIVAS, ANDOOR VILAKAM, VENGANOOR, THIRUVANANTHAPURAM, PIN - 695527 ``` ``` BY ADVS. SREEJITH S. NAIR SATHEESH MOHANAN V.S.THOSHIN MAHIMA COLIN ANTONY DCRUZ ``` ## **`RESPONDENT/COMPLAINANT:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ## **`SR PP SMT SEETHA S`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.No.4313 of 2024 -:2:- Dated this the 4[th] day of June, 2024 ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.121/2024 of the Parassala Police Station, Thiruvananthapuram, registered against him for allegedly committing the offence punishable under Section 22(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act ( ‘the Act ‘ for short) 1985. The petitioner was arrested on 22.01.2024. 2. The crux of the prosecution case is that: on 22.01.2024, at around 21.00 hours, while the detecting officer and his party were conducting patrol duty, they found the accused in possession of 12 kg of ganja. The accused was arrested on the spot with the contraband article. Thus, the accused has committed the above offence. ## B.A.No.4313 of 2024 -:3:- 3. Heard; Sri. Sreejith S. Nair, 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. He has been falsely implicated in the crime. In any given case, the petitioner has been in judicial custody since 22.01.2024, the contraband that was allegedly seized from the accused is of an intermediate quantity, the investigation in the case is practically complete, and the recovery has been effected. Therefore, the petitioner’s further detention is unnecessary. Hence, the application may be allowed. 5. The learned Public Prosecutor opposed the application. She submitted that the investigation in the case is in progress. She also submitted that the B.A.No.4313 of 2024 -:4:- petitioner is a person with criminal antecedents since he is involved in seven other crimes, out of which one is under the Act. If the petitioner is let off on bail, there is every likelihood of him committing similar offences. Hence, the application may be dismissed. 6. The learned counsel for the petitioner refuted the submission of the learned Public Prosecutor and submitted that Crime No.17/2020, registered by the Vizhinjam Police Station, falls under Section 27 of the Act. All other offences are minor offences, which are traffic violations. Therefore, the petitioner cannot be said to be a person with criminal antecedents. 7. The prosecution allegation against the petitioner is that he was found in possession of 12 kg of ganja and was arrested on the spot with the contraband article. The fact remains that the petitioner has been in judicial custody since 22.01.2024, the B.A.No.4313 of 2024 -:5:- investigation in the case is complete, and the recovery has been effected. Moreover, the quantity involved in the case is of an intermediate quantity. 8. 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 contraband allegedly seized from the accused is of an intermediate quantity, that the petitioner has been in judicial custody for the last more than four months, 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 executing a bond for Rs.1,00,000/- (Rupees One lakh B.A.No.4313 of 2024 -:6:- 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; ## B.A.No.4313 of 2024 -:7:- (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) 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 B.A.No.4313 of 2024 -:8:- 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** mtk/04.06.24