High Court of KeralaSingle Judge2024-03-26Bail granted

Milan P Biju v. State of Kerala

Case / Petition Number:BAIL APPL. NO. 2098 OF 2024

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: C. S. Dias
Judgment Date: 2024-03-26
Court Decision / Holding: The bail application is allowed. The petitioner is to be released on bail on a bond of Rs. 1,00,000 with two solvent sureties for like amount. The conditions include: (i) appearance before the Investigating Officer on alternate Saturdays for three months or till final report is laid; (ii) no inducement or threat to witnesses; (iii) no commission of any offence while on bail; (iv) surrender of passport, if any; (v) cancellation or modification of bail conditions as may be directed; (vi) inquiry into the matter may continue; (vii) adherence to a Supreme Court guideline that allows police to effect recoveries while the accused is on bail. The Court notes the contraband is an intermediate quantity per the chemical analysis and that the accused has no prior antecedents, and the investigation is complete. The decision cites Sushila Aggarwal v. State (NCT of Delhi) and Anr. for permitting recoveries during bail.
Final Disposition: Bail granted

Parties to the Case

Appellants / Petitioners

Milan P Biju

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• Adv. Anakha Babu

Counsels for Respondents

• Sri. C. S. Hrithwik, Senior Public Prosecutor

Case Synopsis & Summary

On 26 March 2024, the Kerala High Court, sitting in a single-judge bench of Justice C. S. Dias, heard Bail Application No. 2098 of 2024 filed by Milan P. Biju, the third accused in Crime No. 710 of 2023 of Kayamkulam Police Station, Alappuzha, under Sections 8(C), 22(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution alleged that on 13 July 2023, 46.700 grams of MDMA were found in the shoulder bag of the first accused after a search near an electric post. Initial reports treated the substance as MDMA, forming the basis for charges against all three accused. The petitioner contended his innocence, asserting there is no material linking him to the crime, and claimed the contraband is methamphetamine, not MDMA, supported by a chemical analysis dated 14 February 2024. He has no prior criminal antecedents and has been in judicial custody since 13 July 2023. The investigation is complete and the final report has been laid in SC No. 864/2023 before the Additional Sessions Judge, Mavelikkara. The court accepted that the contraband, per analysis, is methamphetamine, an intermediate quantity, and noted the absence of antecedents and completed investigation. Accordingly, the bail application was allowed, directing release on bail on a bond of Rs 1,00,000 with two solvent sureties, and imposing conditions: appearance before the Investigating Officer on alternate Saturdays for three months, prohibition on inducement or tampering with evidence, no offence while on bail, surrender of passport, and power to modify or cancel conditions; citing Sushila Aggarwal in support for recoveries during bail.

Provisions of Law Cited

Section 439 of the Code of Criminal Procedure, 1973Sections 8(C), 22(C) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submits that he is totally innocent and there is no evidence linking him to the crime. He contends the contraband is methamphetamine, not MDMA, supported by the chemical analysis dated 14.02.2024. He has no criminal antecedents and has remained in judicial custody since 13.07.2023. The investigation is complete and the final report has been laid, with the case numbered as SC No. 864/2023. Given the intermediate quantity and lack of antecedents, the petitioner argues there is no necessity for continued detention, and bail should be allowed with reasonable conditions.

Contentions of Respondents

The State asserts that the accused were in conscious possession of a contraband substance initially identified as MDMA, a commercial quantity, and the case has been proceeding on that basis. The recent chemical analysis, however, indicates methamphetamine of an intermediate quantity. The investigation is complete and the final report has been laid. The State argues that despite the later analysis, the seriousness of the underlying NDPS offence justifies stringent conditions if bail is granted, and that appropriate safeguards should be imposed to prevent interference with witnesses or investigation.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sushila Aggarwal v. State(NCT of Delhi) and Anr.	2020 (1) KHC 663	Positive	Cited as authority for allowing police recoveries and continued investigations even after bail is granted, guiding the court on post-bail investigative actions.

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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` ``` TUESDAY, THE 26[TH] DAY OF MARCH 2024 / 6TH CHAITHRA, 1946 ``` ## `BAIL APPL. NO. 2098 OF 2024` ``` CRIME NO.710/2023 OF KAYAMKULAM POLICE STATION, ALAPPUZHA ``` ## `PETITIONER:` ``` MILAN P BIJU AGED 23 YEARS S/O. BIJUMON RAJEEV BHAVANAM, NORTH OF VALIYAKULANGARA TEMPLE, MAHADEVIKADU, KARTHIKAPPALLY, ALAPPUZHA, PIN – 690516 ``` ``` BY ADV ANAKHA BABU ``` ## `RESPONDENT:` ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 ``` ## `OTHER PRESENT:` ``` SR PP SRI C S HRITHWIK ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` _B.A.No.2098/2024_ _-:2:-_ Dated this the 26[th] day of March, 2024 ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the third accused in Crime No.710/2023 of Kayamkulam Police Station, Alappuzha, registered against the accused (three in number), for allegedly committing the offences punishable under Sections 8(C), 22(C) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner was arrested on 13.07.2023. 2. The essence of the prosecution case is that: on 13.07.2023, at around 9.00 hours, the Sub Inspector of Police, Kayamkulam, and his party had seen the accused standing near an electric post. On conducting a search on the accused, 46.700 grams of MDMA was seized from the shoulder bag of the first accused. In _B.A.No.2098/2024_ _-:3:-_ the investigation, it was revealed that the accused Nos. 2 & 3 are also involved in the crime. Thus, the accused have committed the above offences. 3. Heard; Smt. Anakha Babu, the learned counsel appearing for the petitioner and Sri. C. S. Hrithwik, the learned Senior Public Prosecutor appearing for the respondent. 4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. There is no material to substantiate the involvement of the petitioner in the crime. The petitioner has reliably learnt that the contraband article allegedly seized from him is 'methamphetamine' and not 'MDMA'. He does not have any criminal antecedents and he has been in judicial custody since 13.07.2023. The investigation in the case is complete and the final report has been laid. Therefore, the petitioner’s further detention is _B.A.No.2098/2024_ _-:4:-_ unnecessary. Hence, the application may be allowed. 5. The learned Public Prosecutor opposed the application. Nonetheless, he made available the chemical analysis report of the Regional Forensic Science Laboratory, Kochi, dated 14.02.2024, which shows that the contraband article is 'methamphetamine' and not 'MDMA'. He also stated that the investigation in the case is complete and final report has been laid and the case has been numbered as S.C.No.864/2023 of the Court of the Additional Sessions Judge-III, Mavelikkara. 6. The prosecution was lodged against the accused principally on the allegation that they were found in conscious possession of 46.700 grams of 'MDMA', which is of a commercial quantity. Indisputably, as per the chemical analysis report, it is now reported that the contraband is 'methamphetamine' and not 'MDMA'. Therefore, the _B.A.No.2098/2024_ _-:5:-_ contraband is only of an intermediate quantity. It is also stated that the investigation in the case is complete and the final report has been laid and the case has been numbered as S.C.No.864/2023 of the Court of the Additional Sessions Judge-III, Mavelikkara. The petitioner has no criminal antecedents. 7. On an anxious consideration of the facts, the rival submissions made across the Bar, the materials placed on record, especially considering the fact that the contraband involved in the case is of an intermediate quantity, that the petitioner does not have criminal antecedents, that the investigation in the case is complete and the final report has been laid, I am of the view that the petitioner’s further detention is unnecessary. Hence, I am inclined to allow the bail application. In the result, the application is allowed, by _B.A.No.2098/2024_ _-:6:-_ 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 alternate Saturdays between 9 a.m. and 11 a.m for a period of three months or till the final report is laid, 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; _B.A.No.2098/2024_ _-:7:-_ - (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 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 moved and entertained by 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** _B.A.No.2098/2024_ _-:8:-_ **Aggarwal v. State(NCT of Delhi) and Anr.** [2020 (1) KHC 663]. Sd/- ## **C.S.DIAS,JUDGE** DST/26.03.24 //True copy// P.A. To Judge