Jagan Malik, Bholanath Malik, Bikash Malik and Dipu Malik v. State of Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 9[TH] DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 ``` ``` BAIL APPL. NO. 2826 OF 2024 ``` ``` CRIME NO.215/2024 OF Pala Police Station, Kottayam AGAINST THE ORDER DATED 22.03.2024 IN CRMC NO.52 OF 2024 OF SPECIAL COURT (NDPS ACT CASES), THODUPUZHA PETITIONERS/ACCUSED 1 TO 4: ``` - **`1 JAGAN MALIK AGED 25 YEARS S/O ALIKH MALIK, SANDHAPALLI, KENDRAPARA,ODISSA, PIN - 765022`** - **`2 BHOLANATH MALIK AGED 25 YEARS S/O LOKANATH MALIK GUPTI KENDRAPARA, ODISSA, PIN - 765022`** - **`3 BIKASH MALIK AGED 25 YEARS S/O KOURI MALIK,GUNUPUR P.O, LOKNATHPUR, KENDRAPARA,ODISSA, PIN - 765022`** - **`4 DIPU MALIK AGED 25 YEARS RABINDRA MALIK,DEODA VILLAGE, JAJAPUR DEODA P.O,ODISHA., PIN - 755005`** ``` BY ADV AJEESH M UMMER ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ## **`SR PP SMT NEEMA T V`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.No.2826 of 2024 -:2:- Dated this the 9[th] day of April,2024 ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the accused 1 to 4 in Crime No.215/2024 of the Pala Police Station, Kottayam, registered against the accused for allegedly committing the offences punishable under Sections 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘the Act’). The petitioners were arrested on 15.02.2024. 2. The essence of the prosecution case is that; on 14.02.2024 at around 18.25 hours, the accused 1 to 4 were found in possession of 3.290 kg of dried ganja in a room at Bharananganam, Kottayam. The accused were arrested with the contraband then and there at the spot. Thus, the accused have committed the above offence. ## B.A.No.2826 of 2024 -:3:- 3. Heard Sri. Ajeesh M. Ummer, the learned counsel appearing for the petitioners and Smt. Neema. T.V., the learned Senior Public Prosecutor appearing for the respondent. 4. The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusations levelled against them. They have been falsely implicated in the crime. The petitioners have been in judicial custody since 15.02.2024, the investigation in the case is complete, and recovery has been effected. Moreover, the contraband involved in the case is of intermediate quantity. The petitioners have no criminal antecedents. The petitioners’ continued detention is unnecessary. Hence, the petitioner may be released on bail. 5. The learned Public Prosecutor opposed the application. She submitted that the investigation in the case is in progress. She also stated that the second B.A.No.2826 of 2024 ## -:4:- petitioner/second accused has criminal antecedents as he is involved in a similar crime. If the petitioners are released on bail, there is every likelihood of them committing similar offences. Hence, the application may be dismissed. 6. On an anxious consideration of the facts, the rival submissions made across the Bar, and the materials placed on record, particularly taking note of the fact that the contraband involved is of an intermediate quantity, that the petitioners 1, 3, and 4 do not have criminal antecedents, that the petitioners have been in judicial custody since 15.02.2024, that the investigation in the case is practically complete, and that the recovery has been effected, I am of the definite view that the petitioners’ further detention is unnecessary. Hence, I am inclined to allow the bail application. In the result, the application is allowed, by B.A.No.2826 of 2024 -:5:- 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 alternate Saturdays between 9 a.m. and 11 a.m for a period of three months or till the final 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 ## B.A.No.2826 of 2024 -:6:- 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 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 B.A.No.2826 of 2024 -:7:- 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/08.04.24 B.A.No.2826 of 2024 -:8:- ## **`APPENDIX OF BAIL APPL. 2826/2024`** ``` PETITIONER ANNEXURES Annexure 1 ``` ``` A COPY OF THE ORDER IN CRL.MC NO. 52/2024 IN COURT OF THE SPECIAL JUDGE FOR NDPS ACT CASES, DATED 22.03.2024 ```