High Court of KeralaSingle JudgeBail Granted

GOKUL G.B v STATE OF KERALA & THRIKKAKARA POLICE STATION

Case / Petition Number:BAIL APPL. NO. 3567 OF 2024

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • C.S. Dias
Judgment Date
2024-05-29
Court Decision / Holding
The bail application is allowed. The petitioner is ordered to be released on bail on a bond of Rs. 1,00,000 with two solvent sureties for similar amounts. Conditions include: (i) the petitioner shall appear before the Investigating Officer every Saturday between 9 a.m. and 11 a.m. for two months or until final report, (ii) no inducement or tampering with witnesses, (iii) no commission of any offence while on bail, (iv) surrender of passport if available, (v) court may cancel bail for violation, and (vi) modifications to bail terms may be entertained. The order notes that recovery actions may be pursued even while on bail in light of the Supreme Court guidance in Sushila Aggarwal. The bench records a single-judge decision by Justice C.S. Dias.
Final Disposition
Bail Granted

Parties to the Case

Appellants / Petitioners

  • GOKUL G.B.

Respondents

  • STATE OF KERALA, represented by Public Prosecutor, High Court of Kerala, Ernakulam
  • THE STATION HOUSE OFFICER, THRIKKAKARA POLICE STATION, THRIKKAKARA, ERNAKULAM DISTRICT

Legal Representation & Advocates

Counsels for Petitioners

  • • P. Mohammed Sabah
  • • Libin Stanley
  • • Saipooja Sadik
  • • Ismayil R.
  • • Gayathri M.
  • • Mahin
  • • Hamza Rayees
  • • P. Alwin Joseph
  • • Benson Ambrose

Counsels for Respondents

  • • Neema T.V. (Public Prosecutor)

Case Synopsis & Summary

This is a bail application under Section 439 CrPC filed by the sole accused, Gokul G.B., in Crime No. 475/2024 of Thrikkakara Police Station, Ernakulam, for alleged possession of contraband under Section 22(c) of the NDPS Act. The prosecution states that on 19.04.2024, police received credible information about a person dealing with contraband, leading to a search of Room 306 in a hotel where the accused allegedly possessed 37.19 grams of MDMA, and he was arrested with the contraband. The defense submits that the petitioner is innocent and was falsely implicated; there is no evidence of conscious possession, and the material assertion that the contraband is MDMA is contested on the ground that it is actually methamphetamine. The defense further maintains the contraband is of intermediate quantity and points to the absence of criminal antecedents, arguing that investigation is practically complete and detention beyond this stage is unnecessary. The prosecution files a chemical analysis report dated 28.05.2024 from the Chemical Examiner’s Laboratory, Kakkanad, showing the contraband to be methamphetamine, not MDMA. The court, after hearing both sides and considering that the petitioner has already undergone around 40 days in custody and the contraband falls under an intermediate quantity with no antecedents, allowed bail on a Rs.1,00,000 bond with two sureties and imposed conditions including regular appearance, no tampering with witnesses, surrender of passport, and the possibility of cancellation for violation. The judgment cites Sushila Aggarwal to justify that police recoveries may be pursued even on bail.

Provisions of Law Cited

Section 439 of the Code of Criminal Procedure, 1973Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985

Legal Doctrines & Maxims

  • Sushila Aggarwal v. State (NCT of Delhi) and another (cited for the proposition that investigations and recoveries may proceed while the accused is on bail)
  • Quantity categorization under NDPS Act (commercial vs intermediate) as a criterion for bail considerations
  • Discretionary bail under CrPC Section 439 and related guidelines for conditions of bail

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends total innocence and false implication. He argues there is no material establishing conscious possession of the contraband. The defense maintains the contraband is methamphetamine, not MDMA, hence the quantity should be treated as intermediate rather than commercial. The accused has no prior criminal antecedents and has already remained in custody for about 40 days; the investigation is practically complete. Given these factors, the defense urges the court to grant bail subject to standard conditions, asserting that continued detention is unnecessary and punitive beyond what the facts justify.

Contentions of Respondents

The Public Prosecutor opposes bail, arguing that the investigation is ongoing and there is a likelihood of the petitioner repeating offences if released. She notes the chemical analysis, which indicates methamphetamine rather than MDMA, but emphasizes that the case remains under NDPS scrutiny and stresses the need for ongoing investigation and potential recovery actions. She contends the accused has no antecedents but cautions that releasing him could hamper the investigation and result in future offences.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Sushila Aggarwal v. State (NCT of Delhi) and another2020 (1) KHC 663PositiveAffirmed that investigation and recoveries may proceed even while under bail, underpinning the court’s decision to impose ongoing investigative latitude and recoveries as part of bail conditions.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE C.S.DIAS** **WEDNESDAY, THE 29[TH] DAY OF MAY 2024 / 8TH JYAISHTA, 1946** **BAIL APPL. NO. 3567 OF 2024** **CRIME NO.475/2024 OF Thrikkakara Police Station, Ernakulam PETITIONER/S:** **GOKUL G.B, AGED 28 YEARS S/O BIJU.K.V, GOKULAM HOUSE, NEAR PATTANAKKADU, PANCHAYATHU OFFICE, PATTANAKKADU VILLAGE, ALAPPUZHA DISTRICT, PIN - 688531** **BY ADVS. P.MOHAMED SABAH LIBIN STANLEY SAIPOOJA SADIK ISMAYIL R.GAYATHRI M.MAHIN HAMZA RAYEES P. ALWIN JOSEPH BENSON AMBROSE** ## **RESPONDENT/S:** - **1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031** - **2 THE STATION HOUSE OFFICER, THRIKKAKARA POLICE STATION, THRIKKAKARA, ERNAKULAM DISTRICT, PIN – 682021** ## **SR.PP.SMT.NEEMA T.V.** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** BAIL APPL. NO. 3567 OF 2024 2 ## **ORDER** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.475/2024 of the Thrikkakara Police Station, Ernakulam, registered against the accused for allegedly committing the offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘the Act’). The petitioner was arrested on 19.04.2024. 2. The essence of the prosecution case is that: on 19.04.2024, at around 22 hours, the Investigating Officer got secret information that a person was dealing with contraband article. Accordingly, he conducted a search in room No.306 of a hotel and found the accused in possession of 37.19 grams of MDMA. The accused was arrested at the spot with the contraband article. Thus, the accused has committed the above offence. 3. Heard; Sri.P.Mohammed Sabah, the learned BAIL APPL. NO. 3567 OF 2024 3 counsel appearing for the petitioner and Smt.Neema T.V., 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. There is no material to show that the contraband was seized from the conscious possession of the petitioner. The petitioner has reliably learnt that the contraband involved in the case is not 'MDMA' but only 'methamphetamine'. Therefore, the contraband is of an intermediate quantity. The petitioner does not have any criminal antecedents. Hence, the petitioner is entitled to be released on bail, especially since the investigation in the case is practically complete. Hence, the application may be allowed. 5. The learned Public Prosecutor seriously opposed the application. She submitted that the BAIL APPL. NO. 3567 OF 2024 4 investigation in the case is in progress. She also stated that, if the petitioner is released on bail, there is every likelihood of him committing similar offences. Hence, the application may be dismissed. However, the learned Public Prosecutor made available the chemical analysis report issued by the Chemical Examiner's Laboratory Department, Kakkanad dated 28.05.2024 which substantiates the fact that the contraband involved in the case is 'methamphetamine' and not 'MDMA' as alleged by the prosecution. She also stated that as per the records available with the Investigating Officer, the petitioner does not have any criminal antecedents. 6. The prosecution was launched against the petitioner on the allegation that he was found in possession of 37.19 grams of MDMA, which is of a commercial quantity. Indisputably, as per the chemical analysis report referred to above, the contraband has turned out to be 'methamphetamin' and not 'MDMA'. Therefore, the contraband is of an intermediate BAIL APPL. NO. 3567 OF 2024 5 quantity. It is reported that the petitioner does not have any criminal antecedents. 7. On an anxious consideration of the facts, the rival submissions made across the Bar, the materials placed on record, especially on considering the fact that the petitioner has been in judicial custody for the last 40 days, the investigation in the case is practically complete, recovery has been effected and further that the contraband involved in the case is of an intermediate quantity and the petitioner does not have criminal antecedents, 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 BAIL APPL. NO. 3567 OF 2024 6 the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: - (i) The petitioner shall appear before the Officer on - Investigating 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; - (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 BAIL APPL. NO. 3567 OF 2024 7 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 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** rkc/29.05.24 BAIL APPL. NO. 3567 OF 2024 8 ## **APPENDIX OF BAIL APPL. 3567/2024** ## **PETITIONER ANNEXURES** **Annexure 1** **TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 475 OF 2024 OF THRIKKAKARA POLICE STATION, ERNAKULAM DISTRICT** **Annexure 2 TRUE COPY OF THE INTERIM ORDER DATED 12.04.2024 IN B.A. NO. 2158/2024 PASSED BY THE HONOURABLE HIGH COURT OF KERALA**