Nilamani Sahu and Sunilkanta Sahoo v. State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: C.S. Dias
Judgment Date: 2024-02-01
Court Decision / Holding: The bail application is allowed; the petitioners are to be released on bail on a bond of Rs.50,000 with two solvent sureties of Rs.50,000 each, subject to specified conditions.
Final Disposition: Bail application allowed; petitioners released on bail with conditions.

Parties to the Case

Appellants / Petitioners

Nilamani Sahu
Sunilkanta Sahoo

Respondents

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

Legal Representation & Advocates

Counsels for Petitioners

• M. Devesh

Counsels for Respondents

• Smt Seetha S.

Case Synopsis & Summary

Nilamani Sahu and Sunilkanta Sahoo, petitioners in Bail Application No. 171 of 2024, are accused in Crime No. 1063 of 2023 of Elathur Police Station, Kozhikode, under Section 20(b)(ii)(B) NDPS Act, 1985. They sought bail under Sec. 439 CrPC after their arrest on 09.12.2023 for possession of 16.2 kilograms of ganja near Eranjikkal Paarakkadavath within the Elathur limits. The prosecution asserts a serious narcotics offence and highlights the petitioners’ Odisha origin, suggesting a flight risk. The petitioners claim innocence, no prior criminal record, and contend that detention since arrest is excessive since the investigation is nearly complete and the recovery has been effected; they also submit that they would be entitled to default bail by 08.02.2024. The Public Prosecutor opposes bail, arguing the danger of absconding and possible reoffending. After analysis, the court notes the 56-day detention, nearly complete investigation, absence of antecedents, and the intermediate quantity of contraband; detention is deemed unnecessary. The court grants bail with stringent conditions: Rs.50,000 bond with two solvent sureties; appearance before the Investigating Officer every Saturday for two months or until final report; no inducement, threat or tampering with evidence; no commission of offences while on bail; surrender of passport; restriction on leaving the Kozhikode jurisdiction without court permission; address/mobile number disclosure; and power to cancel or modify bail on violation, following guidance from Sushila Aggarwal. The order balances public interest with individual liberty in a narcotics case.

Provisions of Law Cited

Section 439 of the Code of Criminal Procedure, 1973Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985

Legal Doctrines & Maxims

Default bail concept under CrPC (as discussed in context)
Sushila Aggarwal v. State (NCT of Delhi) and another, 2020 (1) KHC 663 (cited for bail conditions / investigation during bail)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners assert innocence, no criminal antecedents, and that they have been in custody since 09.12.2023 (about 56 days). They argue the contraband is of intermediate quantity and that the investigation is practically complete; detention is unnecessary and they would be entitled to default bail by 08.02.2024. They seek grant of bail under stringent but reasonable conditions.

Contentions of Respondents

The State opposes bail, highlighting the seizure of 16.2 kg ganja, the petitioners’ Odisha origin, and the likelihood of flight or reoffending if released, arguing the application should be dismissed.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sushila Aggarwal v. State (NCT of Delhi) and another	2020 (1) KHC 663	Positive	Cited as authority for the Investigating Officer’s power to continue investigation and effect recoveries even while the accused are on bail, reflecting the Court’s stance on bail conditions.

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** **THURSDAY, THE 1[ST] DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945** ## **BAIL APPL. NO. 171 OF 2024** ## **CRIME NO.1063/2023 OF Elathur Police Station, Kozhikode** ## **PETITIONER/S:** 1 NILAMANI SAHU, AGED 48 YEARS S/O HAJARI, SAHU, BANMALIPURPATNA,NAYAGARH,BANMALIPURPATNA,ODISHA, PIN - 752077 2 SUNILKANTA SAHOO, AGED 31 YEARS S/O MATIA SAHOO,BANMALIPURPATNA,BANMALIPURPATNA NAYAGARH,ODISHA, PIN - 752077 BY ADV M.DEVESH ## **RESPONDENT/S:** STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ## **OTHER PRESENT:** SR PP SMT SEETHA S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 171 OF 2024 2 ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the accused 1 and 4 in Crime No.1063/2023 of the Elathur Police Station, Kozhikode, registered against the accused (four in number) for allegedly committing the offences punishable under Sec.20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act). The petitioners were arrested on 09.12.2023. 2. The gist of the prosecution case is that: around 8.30 hours on 09.12.2023, the accused were found in possession of 16.2 kilograms of ganja near the house namely Eranjikkal Paarakkadavath within the Elathur Police station limit.. Thus, the accused have committed the above offences. 3. Heard; Sri.M.Devesh, the learned counsel appearing for the petitioners and Smt.Seetha s., the BAIL APPL. NO. 171 OF 2024 3 learned Public Prosecutor. 4. The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusations leveled against them. They have been falsely implicated in the crime. The petitioners have no criminal antecedents. The petitioners are law abiding citizens. The petitioners have been in judicial custody since 09.12.2023 which is nearly 56 days. The contraband that has been seized is of intermediate quantity. The petitioners would be entitled to default bail by 08.02.2024. The investigation in the case is practically complete and the recovery has been effected. The petitioners' continued detention is unnecessary. Hence, the application may be allowed. 5. The learned Public Prosecutor opposed the application. She contended that the petitioners were found in possession of 16.2 kilograms of ganja. The petitioners BAIL APPL. NO. 171 OF 2024 **==> picture [7 x 9] intentionally omitted <==** are belong to the State of Odisha. If the petitioners are enlarged on bail, there is every likelihood of them fleeing from justice and also committing similar offences. Hence, the application may be dismissed. 6. On an analysis of the materials placed on record, particularly taking note of the fact that the petitioners were arrested on 09.12.2023, which is nearly 56 days, that the investigation in the case is practically complete, that recovery has been effected, that the petitioners' have no criminal antecedents, that the contraband is of intermediate quantity and the petitioners will be entitled to default bail on 08.02.2024, I am of the definite view that the petitioners' continued detention is unnecessary. Hence, I am inclined to allow the bail application, but subject to stringent conditions: BAIL APPL. NO. 171 OF 2024 5 In the result, the application is allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.50,000/- (Rupees Fifty thousand 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 petitioners 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. 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; BAIL APPL. NO. 171 OF 2024 6 - (iii) The petitioners shall not commit any offence while they are on bail; - (iv) The petitioners shall surrender their passport, if any, before the court below at the time of execution of the bond. If they have no passport, they shall file an affidavit to the effect before the court below on the date of execution of the bond; - (v) The petitioners shall not leave the territorial jurisdiction of the Kozhikode Sessions Division without previous permission of the jurisdictional court. The petitioners shall furnish their present address and mobile numbers to the Investigating Officers. - (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. BAIL APPL. NO. 171 OF 2024 7 (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 to effect recoveries on the necessary, information, if any, given by the petitioners even while 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** rkc/01.02.24 BAIL APPL. NO. 171 OF 2024 8 ## **APPENDIX OF BAIL APPL. 171/2024** PETITIONER ANNEXURES Annexure 1 TRUE COPY OF FIR AND FIS DATED 9/12/2023 ON THE FILES OF ELATUR POLICE STATION