FARZIN P P 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 AUGUST 2024 / 10TH SRAVANA, 1946 ``` ## **`BAIL APPL. NO. 6063 OF 2024`** ``` CRIME NO.697/2024 OF KANNUR TOWN, KANNUR ``` ``` AGAINST THE ORDER DATED 06.07.2024 IN CRL.M.P. NO.572 OF 2024 OF SPECIAL COURT (NDPS ACT CASES), VADAKARA ``` ## **`PETITIONER/ACCUSED NO.3:`** ``` FARZIN P P AGED 21 YEARS S/O JALALUDHEEN K P, JANNAH HOUSE, KADAPPURAM ROAD, AZHIKODE, KANNUR DISTRICT, PIN - 670009 ``` ``` BY ADVS. RAMEES P.K. ADITHYA VARMA S. ERFANA PARAMBADAN ``` ## **`RESPONDENT/COMPLAINANT:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` BY ADV. SMT. SEETHA S. - SENIOR PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON ``` ``` 01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 2 ``` ## **`B.A. NO.6063 OF 2024`** ## **C.S.DIAS, J.** **-------------------------------------------------------Bail Application No. 6063 of 2024 ------------------------------------------------------Dated this the 1[st] day of August, 2024** ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the 3[rd] accused in Crime No.697/2024 of the Kannur Town Police Station, Kannur, which is registered against the accused for allegedly committing the offences punishable under Sections 20(b)(ii)(A) and 22(b) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner was arrested and remanded to judicial custody on 20.06.2024. 2. The essence of the prosecution case is that: on 20.06.2024, at around 16.50 hours, the accused Nos.1 to 3 were in found in conscious possession of 3.72 grams of ganja and 5.60 grams of MDMA in a hotel ``` 3 ``` ## **`B.A. NO.6063 OF 2024`** room at Kannur. The accused were arrested on the spot with the contraband articles. Thus, the accused have committed the above offence. 3. Heard; Sri. Ramees P. K., the learned counsel appearing for the petitioner and Smt. Seetha S., the learned Senior 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 20.06.2024, the petitioner has no criminal antecedents, 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. ``` 4 ``` ## **`B.A. NO.6063 OF 2024`** 5. The learned Public Prosecutor opposed the application. She submitted that the investigation in the case is in progress. She also submitted that if the petitioner is let off on bail, there is every likelihood of him committing similar offences. Nonetheless, she did not dispute the fact that the petitioner doesn't have any criminal antecedents and the contraband involved in the case is of an intermediate quantity. 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 no criminal antecedents, that the petitioner has been in judicial custody since 20.06.2024, that the investigation in the case is practically complete, and that the recovery has been ``` 5 ``` ## **`B.A. NO.6063 OF 2024`** 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 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 ``` 6 ``` ## **`B.A. NO.6063 OF 2024`** 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 passport, if any, before the Trial Court at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the Trial Court 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; ``` 7 ``` ## **`B.A. NO.6063 OF 2024`** vi. Applications for deletion/modification of the bail conditions shall be filed and entertained before the Trial Court; 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 Delhi) and another** [2020 (1) KHC 663]. **Sd/C.S. DIAS JUDGE** BR ``` 8 ``` ## **`B.A. NO.6063 OF 2024`** ## **`APPENDIX OF BAIL APPL. 6063/2024`** ``` PETITIONER’S ANNEXURES Annexure 1 ``` ``` A TRUE COPY OF FIRST INFORMATION REPORT IN CRIME NO. 697/2024 OF KANNUR TOWN POLICE STATION, KANNUR DISTRICT ``` ``` Annexure 2A TRUE COPY OF THE ORDER IN CRL.M P. NO. 572/2024 BEFORE THE COURT OF THE SPECIAL JUDGE (NDPS ACT CASES) VATAKARA DATED 06/07/2024 ``` ``` RESPONDENT’S ANNEXURES: NIL ```