Bail Applications Nos. 4560 of 2024 and 4561 of 2024 v. State of Kerala (Arjun S & Anel Mervin)

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` MONDAY, THE 10[TH] DAY OF JUNE 2024 / 20TH JYAISHTA, 1946 ``` ``` BAIL APPL. NO. 4560 OF 2024 ``` ``` CRIME NO.531/2024 OF KALAMASSERY POLICE STATION, ERNAKULAM PETITIONER/ACCUSED 1: ``` ``` ARJUN S AGED 28 YEARS ``` ``` S/O SAJIMON, SIVAKRIPA HOUSE, PANNIKKOTTUMUNDA, CHOKKAD P.O, MALAPPURAM DISTRICT., PIN - 679332 ``` ``` BY ADVS. K.MOHAMMED RAFEEQ BIBIN MATHEW P.M.MATHEW AMARNATH R LAL SANALDEV E.P. VISHNUMAYA ANANDAN SONYMON ANTONY AJMAL V. KARIM ``` ## **`RESPONDENT/STATE/COMPLAINANT:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT., PIN - 682031 2STATION HOUSE OFFICER KALAMASSERY POLICE STATION, ERNAKULAM DISTRICT., PIN - 682033 ``` ## **`OTHER PRESENT:`** ## **`SR PP SRI C S HRITHWIK`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.06.2024, ALONG WITH BAIL APPL..4561/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.Nos.4560 & 4561 of 2024 -:2:- ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 10[TH] DAY OF JUNE 2024 / 20TH JYAISHTA, 1946 BAIL APPL. NO. 4561 OF 2024 ``` ``` CRIME NO.531/2024 OF KALAMASSERY POLICE STATION, ERNAKULAM PETITIONER/ACCUSED 2: ``` ``` ANEL MERVIN AGED 26 YEARS S/O SASI N K, CHALIKANDY HOUSE, NANMINDA, KOZHIKKODE DISTRICT., PIN - 673613 BY ADVS. K.MOHAMMED RAFEEQ BIBIN MATHEW P.M.MATHEW AMARNATH R LAL SANALDEV E.P. VISHNUMAYA ANANDAN SONYMON ANTONY AJMAL V. KARIM ``` ## **`RESPONDENTS/STATE/COMPLAINANT:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT., PIN - 682031 2STATION HOUSE OFFICER , KALAMASSERY POLICE STATION, ERNAKULAM DISTRICT., PIN - 682033 ``` ## **`OTHER PRESENT:`** ## **`SR PP SMT SEETHA S`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.06.2024, ALONG WITH BAIL APPL..4560/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.Nos.4560 & 4561 of 2024 -:3:- Dated this the 10[th] day of June, 2024 ## **C O M M O N O R D E R** These applications are filed under Section 439 of the Code of Criminal Procedure, 1973, by the accused 1 and 2 in Crime No.531/2024 of Kalamassery Police Station, Ernakulam, registered against the accused for allegedly committing the offences punishable under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioners were arrested on 04.05.2024. B.A.No.4560/2024 is filed by the first accused, and B.A.No.4561/2024 is filed by the second accused. Since the applications arise out of the same crime, they are consolidated, jointly heard, and being disposed of by this common order. 2. The crux of the prosecution case is that: on 04.05.2024, at around 21.15 hours, the accused were found in possession of 4.86 grams of MDMA in a car ## B.A.Nos.4560 & 4561 of 2024 -:4:- bearing No.KL-71-K-4608. The accused were arrested then and there at the spot with the contraband article. Thus, the accused have committed the above offences. 3. Heard; Sri. K. Mohammed Rafeeq, the learned counsel appearing for the petitioners and Sri. C.S.Hrithwik. And Smt. Seetha. S , the learned Public Prosecutors. 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. In any given case, the petitioners have been in judicial custody since 04.05.2024, the petitioners do not have criminal antecedents, the contraband involved in the case is of an intermediate quantity, the investigation in the case is practically complete, and the recovery has been effected. Therefore, the petitioners’ further detention is unnecessary. Hence, these applications may be B.A.Nos.4560 & 4561 of 2024 ## -:5:- allowed. 5. The learned Public Prosecutors opposed the application. They submitted that the investigation in the case is in progress. They also stated that if the petitioners are let off on bail, there is every likelihood of them committing similar offences. Hence, these applications may be dismissed. 6. On an analysis of the materials on record, it can be gathered that the allegation against the petitioners is that they were found in conscious possession of 4.86 grams of MDMA. Indisputably, the contraband involved in the case is of an intermediate quantity. The petitioners do not have criminal antecedents. Moreover, they have been in judicial custody for the last one month. 7. After bestowing my anxious consideration to the facts, the rival submissions made across the Bar, and the materials placed on record, especially on B.A.Nos.4560 & 4561 of 2024 -:6:- considering the fact that the contraband involved in the case is of an intermediate quantity, that the petitioners do not have criminal antecedents, that the petitioners have been in judicial custody for the last one month, that the investigation in the case is practically complete, and that the recovery has been effected, I am of the view that the petitioners’ further detention is unnecessary. Hence, I hold that the petitioners are entitled to be released on bail. In the result, these application are allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.1,00,000/- (Rupees One lakh only) each 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 ## B.A.Nos.4560 & 4561 of 2024 -:7:- 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; (iii) The petitioners shall not commit any offence while they are on bail; (iv) The petitioners shall surrender their passports, if any, before the court below at the time of execution of the bond. If they have no passports, they shall file affidavits 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 B.A.Nos.4560 & 4561 of 2024 -:8:- 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 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** mtk/10.06.24 B.A.Nos.4560 & 4561 of 2024 -:9:- ## **`APPENDIX OF BAIL APPL. 4560/2024`** ``` PETITIONER ANNEXURES ANNEXURE 1 ``` ``` TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 531/2024 OF KALAMASSERY POLICE STATION. ``` ``` ANNEXURE 2TRUE COPY OF THE ORDER DATED 27.05.2024 IN CRL MC NO. 1618/2024 ON THE FILE OF THE HONOURABLE DISTRICT AND SESSIONS COURT, ERNAKULAM. ``` B.A.Nos.4560 & 4561 of 2024 -:10:- ## **`APPENDIX OF BAIL APPL. 4561/2024`** ``` PETITIONER ANNEXURES ANNEXURE 1 ``` ``` ANNEXURE 1TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 531/2024 OF KALAMASSERY POLICE STATION. ANNEXURE 2TRUE COPY OF THE ORDER DATED 27.05.2024 IN CRL MC NO. 1618/2024 ON THE FILE OF THE HONOURABLE DISTRICT AND SESSIONS COURT, ERNAKULAM. ```