Prashanth Parameshwaran v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE C.S.DIAS** **FRIDAY, THE 2[ND] DAY OF FEBRUARY 2024 / 13TH MAGHA, 1945** **BAIL APPL. NO. 158 OF 2024** **CRIME NO.2396/2023 OF Panangad Police Station, Ernakulam** ## **PETITIONER/S:** PRASHANTH PARAMESHWARAN, AGED 41 YEARS S/O PARAMESHWARAN, THANDASSERY HOUSE, KARIMBARA P.O, NEAR SURBRAMANIYA SWAMY TEMPLE, KOOTHATUKUALM, ERNAKULAM, PIN - 686662 BY ADVS. VINAY RAMDAS K.B.ANAMIKA ## **RESPONDENT/S:** STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031 ## **OTHER PRESENT:** PP SMT MAYA M N THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 158 OF 2024 2 ## **ORDER** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.2396/2023 of the Panangad Police Station, Ernakulam, registered against him for allegedly committing the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act). The petitioner was arrested on 20.12.2023. 2. The essence of the prosecution case is that: around 5.45 p.m. on 19.12.2023 the petitioner was found in possession of 1.92 grams of MDMA in the pocket of his jeans. He was arrested from the spot in front of CMK's Habitat Centre Lodge at Moothedam. Thus, the petitioner has committed the above offence. 3. Heard; Sri.Vinay Ramdas, the learned counsel appearing for the petitioner and Smt.Maya M.N., the learned Senior Public Prosecutor. 4. The learned counsel appearing for the petitioner submitted that the petitioner is totally BAIL APPL. NO. 158 OF 2024 3 innocent of the accusations leveled against him. He has been falsely implicated in the crime. The petitioner has no criminal antecedents. The petitioner is an acute diabetic patient. The petitioner has been in judicial custody since 20.12.2023, which is more than forty two The in the case days. investigation is practically complete. The contraband is of intermediate quantity. Hence, the application may be allowed. 5. The learned Public Prosecutor opposed the application. The Investigating Officer has filed a bail objection report, interalia, contending that the contraband was seized from the possession of the petitioner. The investigation in the case is in progress. However, the Investigating Officer conceded to the fact that the petitioner is an acute diabetic patient and he was admitted in the Cochin Medical College, Kalamassery and he was under the surveillance of the police. 6. On an analysis of the prosecution case, it is found that the petitioner was found in conscious BAIL APPL. NO. 158 OF 2024 4 possession of 1.92 grams of MDMA which was seized from the pocket of the petitioner. Therefore, the contraband is of intermediate quantity going by serial No.134 in the Specification of Small and Commercial Quantity of Narcotic Drugs and Psychotropic Substances Act, (SO 1055) dated 19.10.2001. The petitioner has been in judicial custody since 20.12.2023 which is more than 42 days. Indisputably, the petitioner has no criminal antecedents. 7. After bestowing my anxious consideration to the materials placed on record, particularly taking note of the fact that the petitioner has no criminal antecedents, that he has been in judicial custody since 20.12.2023, that the has been effected and the recovery investigation in the case is practically complete, I am of the definite view that the petitioner is entitled to be released on bail. In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees one lakh BAIL APPL. NO. 158 OF 2024 5 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 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. 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; BAIL APPL. NO. 158 OF 2024 6 - (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 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 BAIL APPL. NO. 158 OF 2024 7 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 (NCT of Delhi) and another** [2020 (1) KHC 663]. sd/- **C.S.DIAS, JUDGE** rkc/02.02.24 BAIL APPL. NO. 158 OF 2024 8 ## **APPENDIX OF BAIL APPL. 158/2024** PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE F.I.R IN CRIME NO 2396/2023 OF PANANGAD POLICE STATION DATED 19.12.2023 Annexure A2 A TRUE COPY OF APPLICATION FOR REMAND DATED 20/12/2023 Annexure A3 A TRUE COPY OF PRESCRIPTION DATED 04/12/2023 FROM REGISTERED MEDICAL PRACTITIONER Annexure A4 A TRUE COPY OF ORDER DATED 05/01/2024 IN CRL.M.C 3747/2023 BEFORE THE SESSIONS COURT ERNAKULAM