Sandelishes John v. State of Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` THURSDAY, THE 23[RD] DAY OF MAY 2024 / 2ND JYAISHTA, 1946 BAIL APPL. NO. 4008 OF 2024 ``` ``` CRIME NO.485/2024 OF KALAMASSERY POLICE STATION, ERNAKULAM PETITIONER/ACCUSED 1: ``` ``` SANDELISHES JOHN, AGED 26 YEARS S/O. YESUDAS, MULLAPPARAMBIL HOUSE, ATHIPPOZHI, MUNDAMVELI, FORT KOCHI, ERNAKULAM DISTRICT., PIN - 682507 ``` ``` BY ADVS. K.MOHAMMED RAFEEQ BIBIN MATHEW P.M.MATHEW AMARNATH R LAL SANALDEV E.P. VISHNUMAYA ANANDAN SONYMON ANTONY AJMAL V. KARIM ``` ## **`RESPONDENTS/STATE/COMPLAINANT:`** ``` 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT, PIN - 682031 ``` ``` 2 STATION HOUSE OFFICER KALAMASSERY POLICE STATION, ERNAKULAM DISTRICT., PIN - 682033 ``` ``` BY SENIOR PUBLIC PROSECUTOR SRI C S HRITHWIK ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON ``` ``` 23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.No.4008 of 2024 ## -:2:- Dated this the 23[rd] day of May, 2024 **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the first accused in Crime No.485/2024 of the Kalamassery Police Station, Ernakulam, registered against the accused (two in number) for allegedly committing the offences punishable under Sections 22(b), 20(b) (ii) (A) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner was arrested on 09.04.2024. 2. The essence of the prosecution case is that; on 09.04.2024, the first accused was found in possession of 3.33 grams of MDMA and 0.70 grams of dry ganja in a zip lock cover. The first accused was arrested on the spot with the contraband articles. Thus, the accused have committed the above offences. B.A.No.4008 of 2024 ## -:3:- 3. Heard; Sri. K. Mohammed Rafeeq, the learned counsel appearing for the petitioner and Sri. C.S. Hrithwik, the learned Senior Public Prosecutor. 4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. There is no material to substantiate that the petitioner is involved in the case. In any given case, the petitioner has been in judicial custody for the last 43 days, the contraband involved in the case is of an intermediate quantity, the petitioner does not have any criminal antecedents, and the investigation in the case is complete. Hence, the petitioner may be released on bail. 5. The learned Public Prosecutor opposed the application. He submitted that the investigation in the case is in progress. He also stated that if the petitioner is released on bail, there is every likelihood of him committing similar offences. Hence, the application may B.A.No.4008 of 2024 ## -:4:- be dismissed. 6. The prosecution allegation against the petitioner is that the petitioner was found in conscious possession of 3.33 grams of MDMA and 0.70 grams of dry ganja in a zip-lock cover. The petitioner was arrested on the spot with the contraband articles. The fact remains that the petitioner has been in judicial custody for the last 43 days, the contraband involved in the case is of an intermediate quantity, and the petitioner does not have any criminal antecedents. 7. After bestowing my anxious consideration of the facts, the rival submissions made across the Bar, the materials placed on record, especially on considering the fact that the contraband that was seized from the petitioner is of an intermediate quantity, that the petitioner has no criminal antecedents, and that the petitioner has been in judicial custody for the last 43 days, I am of the definite view that the petitioner’s further detention is unnecessary. Hence, I am inclined to B.A.No.4008 of 2024 ## -:5:- allow the bail application. 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 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 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; B.A.No.4008 of 2024 ## -:6:- (iii) The petitioner shall not commit any offence while they are on bail; (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 B.A.No.4008 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** mtk/23.05.24 B.A.No.4008 of 2024 ## -:8:- ## **`APPENDIX OF BAIL APPL. 4008/2024`** ``` PETITIONER ANNEXURES ANNEXURE-1 ``` ``` TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 485/2024 OF KALAMASSERY POLICE STATION. ``` ``` ANNEXURE-2TRUE COPY OF THE ORDER DATED 08.05.2024 IN CRL MC NO. 1316/2024 ON THE FILE OF THE HONOURABLE DISTRICT AND SESSIONS COURT, ERNAKULAM ```