Bimal Thakur and Chandan Thakur v. State of Kerala (Bail Application No. 923 of 2023)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Badharudeen
Judgment Date: 2023-02-20
Court Decision / Holding: Statutory bail granted to accused Nos.1 and 2 on conditions, including bond Rs.75,000 each with two solvent Kerala-based sureties, production of identity documents, a letter from the SH.O. with address details, no witness intimidation, cooperation with investigation, appearance on Tuesdays for two months or until final report, surrender of passport if any, and prohibition from committing further offences.
Final Disposition: Bail granted; statutory bail with conditions

Parties to the Case

Appellants / Petitioners

Bimal Thakur
Chandan Thakur

Respondents

State of Kerala, represented by the Station House Officer, Ernakulam Town North Police Station, Ernakulam District, and represented by the Public Prosecutor, High Court of Kerala, Ernakulam.

Legal Representation & Advocates

Counsels for Petitioners

• Ashik K. Mohammed
• Ali Muhammed
• Rifa P.M.
• Ramseena N.

Counsels for Respondents

• Smt. T.V. Neema, Public Prosecutor

Case Synopsis & Summary

This High Court of Kerala bail order concerns accused Nos.1 and 2 in Crime No.1525/2022 of the Ernakulam Town North Police Station, Ernakulam District, who are charged under Sections 20(b)(ii)(B) and 29 of the NDPS Act for allegedly possessing 8.11 kilograms of ganja on 11 December 2022. The petitioners seek regular bail under Section 439 CrPC. The prosecution and IO establish the basic facts: the contraband was seized and the accused were arrested; the central issue is whether the failure to file a final report within the 60-day period under Section 167 CrPC necessitates statutory bail. The court notes that the final report has not been filed, and the prosecution concedes that it has not been filed so far. While a failure to file the final report may trigger statutory bail, the court must also secure the presence of the accused for trial, especially given their native origin in Bihar. Accordingly, the court grants statutory bail on stringent conditions, to ensure appearance and compliance with investigations. The bail is granted by bond for Rs. 75,000 with two Kerala-based solvent sureties, which must be secured by property and tax receipts. The petitioners must produce identity cards (Election Commission or Aadhaar) and a letter from the SH.O. detailing their permanent address and relatives, and must comply with conditions including no witness intimidation, cooperation with investigation, weekly appearances until final report is filed, surrender of passport, and abstaining from further offences. The order reflects a balance between liberty and effective trial.

Provisions of Law Cited

Section 439 of CrPC, 1973Section 167 of CrPC, 1973Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 20(b)(ii)(B) and 29

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that since the final report under Section 167 CrPC had not been filed within the 60-day period, statutory bail is entitle to them. They contended that their Bihar origin should not bar bail and that the court can ensure trial compliance through stringent conditions rather than indefinite detention.

Contentions of Respondents

The State conceded that no final report has been filed within the mandated period but contended that statutory bail can be granted with appropriate conditions to secure presence and fair trial, including periodic appearances, cooperation with investigation, and restrictions to prevent intimidation or new offences.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN** **MONDAY, THE 20[TH] DAY OF FEBRUARY 2023/1ST PHALGUNA, 1944 BAIL APPL. NO.923 OF 2023** **CRIME NO.1525/2022 OF THE ERNAKULAM TOWN NORTH POLICE STATION IN ERNAKULAM DISTRICT** ## **PETITIONERS/ACCUSED Nos.1&2:** 1 BIMAL THAKUR, AGED 31 YEARS, S/O.SHANKAR THAKUR, BARIPATTI, GOPALGANJ, BIHAR, PIN – 841428. 2 CHANDAN THAKUR, AGED 26 YEARS, S/O.SHANKAR THAKUR, BARIPATTI, GOPALGANJ, BIHAR, PIN – 841428. BY ADVS. ASHIK K.MOHAMED ALI MUHAMMED RIFA P.M. RAMSEENA N. ## **RESPONDENT/COMPLAINANT:** STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN – 682031. BY ADV. SMT.T.V.NEEMA, SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **B.A. No.923 of 2023** 2 ## **O R D E R** ## **Dated, this the 20[th] February, 2023** This is a petition filed under Section 439 of the Code of Criminal Procedure, 1973 and the petitioners are accused Nos.1 and 2 in crime No.1525/2022 of Ernakulam Town North Police Station, Ernakulam, where they alleged to have committed offences punishable under Sections 20(b)(ii)(B) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as 'NDPS Act', for short), and the petitioners seek regular bail. 2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. 3. Perused the relevant documents placed by the learned Public Prosecutor form part of the Case Diary and the report of the Investigating Officer. ## **B.A. No.923 of 2023** 3 4. The prosecution allegation is that at about 5:45 p.m. on 11.12.2022, the Investigating Officer found that the accused Nos.1 and 2 herein, jointly possessed 8.11 Kg of Ganja. Thereafter, the contraband was seized and they were arrested. Accordingly, crime registered alleging commission of the above offences. 5. The learned counsel for the petitioner pressed for grant of statutory bail on the submission that the prosecution miserably failed to file final report in tune with the mandate of Section 167 of Cr.P.C, within 60 days, though the petitioners are arrested on 11.12.2022. 6. The learned Public Prosecutor conceded that final report in this matter not filed so far. Be it so, the petitioners are liable to be released on statutory bail. Since the learned counsel for the petitioners pressed for grant of statutory bail, even though the petitioners are natives of Bihar State, they are liable to be released on statutory bail, since admittedly no ## **B.A. No.923 of 2023** 4 final report filed so far. However, in order to secure the presence of the petitioners for trial, it is necessary to impose stringent conditions while granting bail. Accordingly, this petition stands allowed by granting statutory bail to the petitioners. 7. Therefore, the petitioners shall be released on bail by executing bond for Rs.75,000/- (Rupees Seventy Five Thousand Only) each by two solvent sureties from Kerala State by offering security of their property while executing the bond, by producing the relevant tax receipts. 8. That apart, the petitioners shall produce their, Identity Cards issued by the Election Commission of India or Aadhaar Cards, with an attested copy of the same and also a letter from the S.H.O. of the police station, where they have been residing permanently, with their residential address with details of the name of his parents and siblings with their ## **B.A. No.923 of 2023** **==> picture [6 x 9] intentionally omitted <==** contact numbers and the contact number of the S.H.O., before executing the bond, in order to vouch and secure their presence for trial, after release on bail. 9. Accordingly, this petition stands allowed and the petitioners are enlarged on bail on the following conditions: _i. The petitioners/accused Nos.1 and 2 shall be released on bail on their executing bond for Rs.75,000/(Rupees Seventy Five Thousand Only) each with two solvent sureties, from Kerala State by offering security of their property while executing the bond, by producing the relevant tax receipts. ii.the petitioners shall produce their Identity Cards issued by the Election Commission or Aadhaar cards with an attested copy of the same and also a letter from the S.H.O. of the police station, where they have been residing permanently, with their residential address with details of the name of his parents and siblings with contact numbers and the contact_ **B.A. No.923 of 2023** 6 _number of the S.H.O., before executing the bond, in order to vouch and secure their presence for trial, after release on bail._ - _iii. The petitioners shall not intimidate the witnesses or tamper with evidence._ - _iv. The petitioners shall co-operate with the investigation and shall be available for trial. They shall appear before the Investigating Officer on every Tuesday in between 9 a.m and 12 noon, from the date of release on bail, for a period of two months or till the final report will be filed, whichever occur first._ - _v. The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade them from disclosing such facts to the court or to any police officer._ - _vi. The petitioners shall surrender their passport, if any, within 7 days from the date of their release, before the trial court. If they have no passport, they shall file an affidavit in this regard on_ 7 ## **B.A. No.923 of 2023** _the date of execution of the bond or within 3 days thereafter. vii.The petitioners shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted._ Sd/- ## **A.BADHARUDEEN, JUDGE.** ww 8 ## **B.A. No.923 of 2023** ## **APPENDIX OF BAIL APPL. 923/2023** PETITIONERS' ANNEXURES: ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.1525 OF 2022 OF THE ERNAKULAM TOWN NORTH POLICE STATION. ANNEXURE A2 CARBON COPY OF THE ORDER DATED 20-012023 OF THE HONOURABLE SESSIONS COURT, ERNAKULAM IN CRL.M.C NO.113 OF 2023.