High Court of KeralaSingle Judge2023-03-03Regular Bail Granted — Petitioner released on b...

VIKAS KUMAR SAROJ v. STATE OF KERALA

Case / Petition Number:B.A. No. 1408/2023

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. BADHARUDEEN
Judgment Date: 2023-03-03
Court Decision / Holding: The petition is allowed; the petitioner is enlarged on bail on the following conditions: (i) Bond for Rs. 75,000 by the petitioner and two solvent sureties from Kerala State for similar amounts; (ii) Production of identity proof (Election Commission ID or Aadhaar) with attested copies and the SHO’s contact details, to vouch for his presence; (iii) Not to intimidate witnesses or tamper with evidence; cooperate with the investigation and appear before the IO as directed (Mondays 9 am to 12 noon for two months); (iv) Not leave Kerala without prior permission of the jurisdictional court; (v) Surrender any passport within 7 days of release or file an affidavit if none; (vi) Not involve in any other offences during the currency of bail, with breach being a ground to cancel bail.
Final Disposition: Regular Bail Granted — Petitioner released on bail with specified conditions for securing presence for trial.

Parties to the Case

Appellants / Petitioners

Vikas Kumar Saroj

Respondents

State of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• T. P. Santhosh Kumar

Counsels for Respondents

• P. G. Manu

Case Synopsis & Summary

This is a regular bail petition (B.A. No. 1408/2023) filed by the 1st accused, Vikas Kumar Saroj, in Crime No. 1921/2022 of Ernakulam Central Police Station, alleging crime under NDPS Act provisions (Sec. 20(b)(ii)B) and related Sections of COTPA. The police recovered substantial contraband including 7 kg of ganja mixed tablets and various packets, leading to charges under NDPS and COTPA; the final report had not been filed within the statutory 60 days. The petitioner, a first-time offender and a native of Uttar Pradesh, argued for bail on grounds that continued detention beyond the statutory period would be unwarranted, and sought conditional release pending investigation. The State contended that although there are no noted criminal antecedents, the final report was still pending and releasing the accused without safeguards could risk flight and tampering with evidence, especially given the scale of seizure and origin from outside Kerala. The Court considered the expiry of the statutory period but proceeded to assess risk and safeguards. It allowed bail on stringent conditions to secure the trial process and the accused’s appearance, including bond, Kerala-based sureties, identity documentation, and restrictions to prevent flight or interference with witnesses, while ensuring cooperation with investigation and adherence to court directions.

Provisions of Law Cited

Section 439 Cr.P.C.Section 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act)Section 6(b)24 of the Cigarette and Other Tobacco Products Act (COTPA)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner’s counsel urged that custody since 28.12.2022 and the final report not filed within the statutory 60-day period justify statutory/regular bail. He submitted the petitioner is a first-time offender, a native of Uttar Pradesh, and the investigation is only at an early stage. He argued that detention beyond the statutory period would amount to undue deprivation of liberty, and that bail under Section 439 Cr.P.C. with appropriate conditions would secure presence for trial and prevent escape, given the lack of prior criminal antecedents and no likelihood of tampering with evidence. Therefore, the court should exercise its discretion and grant bail with conditions such as bond, two Kerala-based sureties, production of identity documents, contact numbers, a letter from the SHO, regular reporting to the IO, restrictions on leaving Kerala, surrender of any passport, and compliance with all conditions during bail.

Contentions of Respondents

The State’s counsel submitted that there are no established criminal antecedents, but the final report has not been filed within the statutory period. The court should not release the applicant without safeguards to secure presence for trial and prevent flight. Given the large quantity of contraband seized and the petitioner’s origin from Uttar Pradesh, stringent conditions—bond and Kerala-based sureties, production of identity documents, cooperation with investigation, regular reporting, restrictions on leaving Kerala, surrender of passport—are necessary to ensure trial integrity and prevent tampering with evidence. While noting the statutory period issue, the State emphasized the need for proper safeguards to secure the petitioner’s appearance and the investigation’s progress.

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Extracted Judgment Text

Exact text extracted from official judgment records.

B.A. No. 1408/2023 ..1.. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN** **FRIDAY, THE 3[RD] DAY OF MARCH 2023 / 12TH PHALGUNA, 1944 BAIL APPL. NO. 1408 OF 2023** **CRIME NO. 1921/2022 OF ERNAKULAM CENTRAL POLICE STATION** ## **PETITIONER/1ST ACCUSED:** **VIKAS KUMAR SAROJ, AGED 30 YEARS, S/O SYAMLAL SAROJ, LALA NAGAR, RAMAPUR SANT RAVIDAS NAGAR, GYANPUR, UTTARPRADESH.** **BY ADV SRI.T.P.SANTHOSH KUMAR** ## **RESPONDENT/STATE:** **STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031.** **BY SRI.P.G.MANU, SENIOR PUBLIC PROSECUTOR** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A. No. 1408/2023 ..2.. **A. BADHARUDEEN, J. ------------------------------------B. A. No. 1408 of 2023 ------------------------------------Dated this the 3[rd] day of March, 2023** ## **O R D E R** Regular Bail application filed by the 1[st] accused in Crime No. 1921/2022 of Ernakulam Central Police Station is the matter on consideration in this petition filed under Sec.439 of the Cr.P.C. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Perused the report and relevant documents form part of the Case Diary. 4. In nutshell, the prosecution allegation is that, the petitioner herein, who is the 1[st] accused in this crime, possessed 7 kg of Ganja mixed tablets (1197 in number), 270 packets cool lip, 29 packets swagath, 510 packets hans, 14 packets vimal, etc., and against the prohibitions contained in the Narcotic Drugs and Psychotropic Substances Act _(hereinafter called 'The NDPS Act' for_ B.A. No. 1408/2023 **==> picture [19 x 9] intentionally omitted <==** _short)_ , at 2 p.m. On 28.12.2022. Pursuant to the recovery from the accused, crime alleging commission of offences punishable under Sec. 20(b)(ii)B of the NDPS Act and Sec.6(b)24 of the COTPA was registered. 5. While pressing regular bail to the petitioner, who is a native of Gyanpur, Uttar Pradesh, the learned counsel for the petitioner highlighted custody of the petitioner from 28.12.2022 and also, the progress of investigation. He also would submit that despite the expiry of 60 days, Final Report in this matter not filed and therefore, the petitioner is otherwise entitled to get statutory bail. The learned counsel for the petitioner also submitted that the petitioner is a first time offender and he deserves bail otherwise in view of the progress of investigation. 6. The learned Public Prosecutor would submit that no criminal antecedents reported in relation to the petitioner. But, admittedly, final report not filed within statutory period. However, he expressed anxiety in the matter of release of the petitioner, who is a native of Uttar Pradesh, without imposing appropriate B.A. No. 1408/2023 ..4.. conditions to secure his presence for trial, to avoid his flee from trial. Accordingly, it is submitted that his release shall be subject to the execution of bond by sureties from Kerala. 7. In this matter, the petitioner is a first time offender. It is seen that 7 kg of Ganja mixed tablets (1197 in number), 270 packets cool lip, 29 packets swagath, 510 packets hans, 14 packets vimal, etc., were recovered from the petitioner red-handedly. As of now, even the Final Report not filed though the statutory period of 60 days to file Final Report has already expired. Therefore, the petitioner cannot be detained in custody further and he is liable to be released on statutory bail. Hence, he can be enlarged on bail on imposing conditions to secure his presence for trial and to avoid his flee from trial. 8. Accordingly, the petitioner shall be released on bail by executing bond for Rs.75,000/- each by himself and two solvent sureties from Kerala State, having properties in Kerala and also specific direction to the petitioner to produce his identity card issued by the Election Commission of India or Adhaar Card with B.A. No. 1408/2023 ..5.. attested copy of the same and also his contact number and a letter from the SHO where he has been residing in Uttar Pradesh with details of his parents's name, siblings' name along with their contact numbers and the contact number of the SHO, to vouch and secure his presence for trial and during the currency of bail, to avoid his flee from trial, as conditions apart from the other conditions hereinafter imposed before executing the bail bond to get him released on bail. 9. In the result, the petition is allowed and the petitioner is enlarged on bail on the following conditions: i. Accused/petitioner shall be released on bail on his executing bond for Rs.75,000/- (Rupees Seventy Five Thousand Only) each by himself and two solvent sureties from Kerala State each for the like amount to the satisfaction of the jurisdictional court concerned. ii. The petitioner/accused shall produce his identity card issued by the Election Commission of India or Adhaar Card with attested copy of the same and also his contact number and a letter B.A. No. 1408/2023 ..6.. from the SHO where he has been residing in Uttar Pradesh with details of his parents's name, siblings' name along with their contact numbers and the contact number of the SHO, to vouch and secure his presence for trial and during the currency of bail, to avoid his flee from trial. iii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of two months and also appear before the Investigating Officer as and when directed. iv. Accused/petitioner shall not leave Kerala without prior permission of the jurisdictional court. v. The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial court. If he has no passports, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter. vi. Accused/petitioner shall not involve in any other B.A. No. 1408/2023 **==> picture [18 x 9] intentionally omitted <==** offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted. ## **Sd/-** **A. BADHARUDEEN JUDGE** MMG B.A. No. 1408/2023 ..8.. ## **APPENDIX OF BAIL APPL.NO. 1408/2023** **PETITIONER'S ANNEXURES:** **ANNEXURE 1** **CERTIFIED COPY OF THE ORDER DATED 09.02.2023 IN CRL.M.C NO.305/2023 OF THE HON'BLE SESSIONS COURT, ERNAKULAM**