Krishnadasan.P.S. & Praveen.M.P. v. State of Kerala

# `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 15[TH] DAY OF JANUARY 2024 / 25TH POUSHA, 1945 ``` ``` BAIL APPL. NO. 11632 OF 2023 ``` ``` CRIME NO.1034/2023 OF MANKARA POLICE STATION, PALAKKAD ``` ## `PETITIONERS/ACCUSED 3 AND 4:` ``` 1 KRISHNADASAN.P.S, AGED 41 YEARS SON OF SWAMINATHAN, PLAKKAL HOUSE, MANNUR WEST, MANNUR (P.O), PALAKKAD DISTRICT, PIN - 678642 2 PRAVEEN.M.P, AGED 33 YEARS SON OF PRABHAKARAN, MALAMBALLA, KOTTAKUNNU, MANNUR WEST, MANNUR (P.O), PALAKKAD DISTRICT, PIN - 678642 BY ADV NIREESH MATHEW ``` ## `RESPONDENT/COMPLAINANT:` ``` STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 ``` ``` BY SMT. S. SEETHA PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A. No.11632 of 2023 2 ## **Dated this the 15[th] day of January, 2024** ## **ORDER** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the accused Nos.3 and 4 in Crime No.1034/2023 of the Mankara Police Station, Palakkad, registered against the accused (four in number) for allegedly committing the offence under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act). The petitioners had surrendered on 06.12.2023. 2. The gist of the prosecution case is that; on 30.11.2023, at about 17.30 hours, the accused 1 and 2 were found in possession of 15.058 kg of Ganja and Rs.2,50,000/- in house No.VII/288 of Mankara Panchayat. The accused 3 and 4 escaped from the scene of occurrence on seeing the police party. Thus, the accused have committed the above offences. 3. Heard; Sri.Nireesh Mathew, the learned counsel appearing for the petitioners and Smt. Seetha. S, the B.A. No.11632 of 2023 3 learned Public Prosecutor appearing for the respondent. 4. The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusation levelled against them. They have been falsely implicated in the crime solely based on the alleged confession made by the second accused. There is nothing on record to connect the petitioners with the above crime. The petitioners had surrendered on 06.12.2023, which is more than a month. The investigation in the case is practically complete. Moreover, the contraband article is only intermediate quantity. The petitioners are willing to abide by any stringent condition imposed by this Court. Hence, the application may be allowed. 5. The learned Public Prosecutor opposed the application. She contended that the house from where the contraband article was seized was taken on lease by the 3rd accused/ 1st petitioner. The petitioners, on seeing the police party, took to their heels. The 1st petitioner/3rd accused has criminal antecedents, and he is involved in B.A. No.11632 of 2023 4 13 other cases. In fact, B.A.11630/2023 is filed by the 1[st] petitioner in connection with an offence under the Arms Act. If the petitioners are let off on bail, there is every likelihood of them committing similar offences. Hence, the application may be dismissed. 6. The prosecution allegation is that the accused were found in possession of 15.058 kg of Ganja and Rs.2,50,000/- from a house in Mankara Panchayat. In the investigation conducted by the police, it is alleged that the house was taken on lease by the 1st petitioner/3rd accused. Although the rigour under Section 37 of the Act is applicable to the case on hand as the contraband is of intermediate quantity, it is evident that the 1st petitioner/3rd accused is involved in 13 other crimes. Therefore, he is a person with criminal antecedents. Taking into account the seriousness, nature, and gravity of the offences alleged against the 1st petitioner/3rd accused, I am of the definite view that the 1st petitioner/3rd accused is not entitled to be released on B.A. No.11632 of 2023 5 bail. On the other hand, prima facie there is no material to show that the 2nd petitioner/4th accused has any complicity as alleged by the prosecution, and the contraband is of intermediate quantity. Moreover, the 2nd petitioner/4th accused is in custody since 06.12.2023. Thus, I am of the view that the 2nd petitioner/4th accused is entitled to be released on bail. In the result; (1) The bail application filed by the 1[st] petitioner/3rd accused is dismissed. (2) The bail application filed by the 2[nd] petitioner/4th accused is allowed subject to the following conditions: (i) The 2[nd] petitioner/4th accused to be released on bail on his 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: B.A. No.11632 of 2023 6 (ii) The 2[nd] petitioner/4th accused 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. He shall also appear before the Investigating Officer as and when required; (iii) 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; (iv) The petitioner shall not commit any offence while he is on bail; (v) 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 the court below on the date of execution of the bond; B.A. No.11632 of 2023 7 (vi) 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. (vii) Applications for deletion/modification of the bail conditions shall be filed and entertained before the court below. (viii) 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 of Delhi and another [2020 (1) KHC 663]** . Sd/- **C.S.DIAS, JUDGE** mtk/15/1/2024 ## B.A. No.11632 of 2023 8 ## `APPENDIX OF BAIL APPL. 11632/2023` ``` PETITIONER ANNEXURES ``` ``` Annexure 1TRUE PHOTOCOPY OF THE FIR IN CRIME NO. 1034/2023 OF MANKARA POLICE STATION, PALAKKAD DISTRICT DATED 01.12.2023 ```