NIDHIN.P.F v. STATE OF KERALA
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- C.S. Dias
- Judgment Date
- 2024-01-10
- Court Decision / Holding
- The Court allowed the bail application. The petitioner NIDHIN.P.F is ordered to be released on bail on a bond of Rs.1,00,000 with two solvent sureties of Rs.1,00,000 each, and subject to the following conditions: (i) appearance before the Investigating Officer on alternate Saturdays for one month or until the final report is filed; (ii) no inducement, threat or tampering with witnesses; (iii) no commission of any offence while on bail; (iv) surrender of passport, if any, or filing an affidavit if none; (v) court may cancel bail for violation; (vi) applications for modification of bail conditions to be filed in the trial court; (vii) Investigating Officer may continue to investigate and effect recoveries as necessary, even on bail, as laid down by Sushila Aggarwal v. State (NCT of Delhi) and another. The order notes that the contraband is of intermediate quantity, and the investigation is practically complete with no antecedents. The decision reflects standard NDPS bail practices and allows the accused to await final disposal of the case while ensuring compliance with the conditions.
- Final Disposition
- Bail granted; application allowed; petitioner to be released on bail with conditions.
Parties to the Case
Appellants / Petitioners
- NIDHIN.P.F
Respondents
- STATE OF KERALA represented by Public Prosecutor, High Court of Kerala, Ernakulam
Legal Representation & Advocates
Counsels for Petitioners
- • George Sebastian
- • Jigo George
Counsels for Respondents
- • Smt.Neema.T.V.
Case Synopsis & Summary
This is a bail petition under Section 439 CrPC filed by Nidhin P.F., the first accused in Crime No. 2630/2023 of Thoppumpady Police Station, Ernakulam, alleging offences punishable under Section 22(b) of the NDPS Act, 1985. The High Court of Kerala, Ernakulam, presided over by a Single Judge, Justice C.S. Dias, considered whether the accused should be released on bail pending investigation. The prosecution contends that the contraband article, MDMA, weighing 2.86 grams, was seized on 11.11.2023; the accused allegedly purchased it from the co-accused. The petitioner asserts innocence and emphasizes that the quantity is an intermediate one; he had previously been granted interim bail on 22.12.2023 to attend his sister’s marriage and has since complied with the conditions and returned to custody. The investigation is described as practically complete, and the petitioner has no criminal antecedents. The Public Prosecutor opposed unconditional bail but acknowledged the factual position. The court, after weighing these factors—intermediate quantity, custody since 12.11.2023, near completion of investigation, and lack of antecedents—grants bail with conditions: bond Rs. 1,00,000 with two solvent sureties, periodic appearance, no inducement or tampering, no commission of offences on bail, passport surrender, and authority to cancel bail for violations. The order also cites authority allowing ongoing investigation and recoveries on information supplied by the petitioner while on bail (Sushila Aggarwal). The application is allowed.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner contends innocence and highlights that the seized MDMA quantity (2.86 g) is only an intermediate amount. He had been granted interim bail on 22.12.2023 to attend his sister’s marriage and has fully complied with conditions, returning to custody. With the investigation nearly complete and no criminal antecedents, he requests regular bail under Section 439 CrPC, subject to standard conditions; he submits that denial would be unwarranted pretrial punishment and would undermine presumption of innocence. He is willing to adhere to any further conditions and argues a lack of flight risk and the minimal nature of the offence supports bail. respondents : "The State opposed the application, conceding that the investigation is practically complete and the petitioner has no criminal antecedents. It stresses caution in NDPS cases due to the serious nature of contraband and potential misuse. While acknowledging interim bail already granted for a family function, the State argues that bail must be guarded with safeguards to prevent evasion, tampering, or interference with witnesses, and to maintain the integrity of the ongoing investigation. It urges that any bail granted include strict reporting requirements and other standard NDPS conditions to ensure compliance and prevent misuse."
Contentions of Respondents
The State opposed bail, arguing caution in NDPS matters; conceded the investigation is near completion and there are no antecedents, but emphasized the risk of evasion or interference. It urged for a bail order with conditions to safeguard the investigation and ensure compliance and non-interference with witnesses. It acknowledged the interim bail earlier granted for personal reasons but sought appropriate safeguards to balance liberty with public interest.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Sushila Aggarwal v. State (NCT of Delhi) and another | 2020 (1) KHC 663 | Positive | Cited to support that investigation and recoveries can continue or be effected while the accused is on bail, as reiterated by the Supreme Court cited in the Kerala High Court judgment. |
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