Vishnu v. State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: C. S. Dias
Judgment Date: 2024-06-03
Court Decision / Holding: The application is allowed. The petitioner Vishnu is directed to be released on bail on a bond for Rs.1,00,000 with two solvent sureties of like amount, and subject to conditions: appearance before IO on Saturdays for two months or until final report; no inducement or tampering with witnesses; no commission of offences while on bail; surrender of passport (or affidavit if none); conditions for cancellation or modification of bail; and continued investigation by the IO if required, with reference to Sushila Aggarwal v. State (NCT of Delhi).
Final Disposition: Bail granted to the applicant Vishnu; released on bail with conditions.

Parties to the Case

Appellants / Petitioners

Vishnu

Respondents

State of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• Nahas H. (Nahas Habeeb)

Counsels for Respondents

• C. S. Hrithwik (Public Prosecutor)

Case Synopsis & Summary

Vishnu, the first accused in Crime No. 219/2024 of Pathanapuram Police Station, Kollam, moves this bail application under Section 439 CrPC before the Kerala High Court seeking bail after his arrest on 17 February 2024 in connection with alleged offences under Sections 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution contends that on 17 February 2024, around 19:30 hours, the accused along with another was found in conscious possession of 3.890 kilograms of ganja in a vehicle, with the contraband allegedly handed over by the third accused. The petitioner’s counsel asserts total innocence and false implication, arguing there are no incriminating materials against him; he has remained in judicial custody since arrest; the contraband is of an intermediate quantity; investigation is complete; and recovery has been effected. The Public Prosecutor opposes bail, highlighting ongoing investigation, the accused’s alleged criminal antecedents in three IPC cases, and the likelihood of reoffending if released. After considering the rival submissions and the record—intermediate quantity, custody since 17.02.2024, completion of investigation, recovery—the court finds continued detention unnecessary and grants bail on a bond of Rs 1,00,000 with two solvent sureties, subject to conditions (regular appearance before IO, no tampering with witnesses, no offence on bail, passport surrender, and provision for cancellation/modification of bail). The order cites Sushila Aggarwal v. State (NCT of Delhi) to justify continuing police inquiry during bail. The application is allowed.

Provisions of Law Cited

Section 439 of the Code of Criminal Procedure, 1973Sections 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner’s counsel argued that Vishnu is innocent and wrongly implicated; there are no incriminating materials tying him to the crime; he has remained in custody since 17.02.2024; the contraband is only an intermediate quantity; the investigation has been completed and recovery effected; thus continued detention is unnecessary and bail should be granted subject to standard conditions.

Contentions of Respondents

The State, through counsel, opposed bail on grounds of ongoing investigation and the accused’s criminal antecedents in other IPC cases; there is a possibility of reoffending if released; the case demands vigilant scrutiny and that the investigation should not be undermined by bail.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sushila Aggarwal v. State (NCT of Delhi) and another	2020 (1) KHC 663	Positive	Cited to justify that the Investigating Officer may continue investigations or take action on information while the accused is on bail, as per Supreme Court guidance.

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** **MONDAY, THE 3[RD] DAY OF JUNE 2024 / 13TH JYAISHTA, 1946** **BAIL APPL. NO. 2580 OF 2024** **CRIME NO.219/2024 OF Pathanapuram Police Station, Kollam** **PETITIONER/S:** **VISHNU , AGED 29 YEARS S/O SUDHAN, VISHNU VILASAM,16TH FILLING,KARAVOOR,PIRAVANTHOOR,KOLLAM DISTRICT, KERALA,, PIN - 689695** **BY ADV NAHAS H.** ## **RESPONDENT/S:** **STATE OF KERALA,** **REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031** **SR.PP.SRI.C.S.HRITHWIK** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON** **03.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** BAIL APPL. NO. 2580 OF 2024 2 ## **ORDER** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the 1[st] accused in Crime No.219/2024 of the Pathanapuram Police Station, Kollam registered against the accused for allegedly committing the offences punishable under Sections 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘the Act’). The petitioner was arrested on 17.02.2024. 2. The essence of the prosecution case is that: on 17.02.2024, at around 19.30 hours, the accused 1 and 2 were found in conscious possession of 3.890 kilograms of ganja in a vehicle bearing No.KL 60/B 5888. The contraband was brought by the 3[rd] accused and handed over to the accused 1 and 2. Thus, the accused have committed the above offences. 3. Heard; Sri.Nahas Habeeb, the learned counsel BAIL APPL. NO. 2580 OF 2024 3 appearing for the petitioner and Sri.C.S.Hrithwik, the learned Public Prosecutor. 4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations leveled against him. There are no incriminating materials to show the petitioner's involvement in the crime. He has been falsely implicated in the crime. In any given case, the petitioner has been in judicial custody since 17.02.2024, the contraband involved in the case is of an intermediate quantity, the investigation in the case is complete, and the recovery has been effected. Therefore, the petitioner’s further detention is unnecessary. Hence, the application may be allowed. 5. The learned Public Prosecutor opposed the application. He submitted that the investigation in the case is in progress. He also stated that the petitioner is a person with criminal antecedents, as he is involved in three other crimes for allegedly committing the offences BAIL APPL. NO. 2580 OF 2024 4 under the Indian Penal Code. He also submitted that if the petitioner is let off on bail, there is every likelihood of him committing similar offences. 6. The prosecution allegation against the accused is that the 3[rd] accused handed over 3.890 kilograms of ganja to the accused 1 and 2, who were arrested with the contraband article then and there at the spot. The fact remains that the petitioner has been in judicial custody since 17.02.2024, the investigation in the case is complete and recovery has been effected. Moreover, the contraband involved in the case is of an intermediate quantity. 7. After bestowing my anxious consideration to the facts, the rival submissions made across the Bar, and the materials placed on record, especially on considering the fact that the contraband allegedly seized from the accused is of an intermediate quantity, that the petitioner has been in judicial custody since 17.02.2024, that the investigation BAIL APPL. NO. 2580 OF 2024 5 in the case is complete, and that the recovery has been effected, I am of the firm view that the petitioner’s further detention is unnecessary. Hence, I hold 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 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 BAIL APPL. NO. 2580 OF 2024 6 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; - (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. - (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 BAIL APPL. NO. 2580 OF 2024 7 the matter and, if necessary, to effect recoveries on the 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/03.06.24 BAIL APPL. NO. 2580 OF 2024 8 ## **APPENDIX OF BAIL APPL. 2580/2024** ## **PETITIONER ANNEXURES** |**Annexure A1**|**THE TRUE COPY OF THE FIR 219/2024**| |---|---| |**Annexure A2**|**THE TRUE COPY OF ORDER DATED 12/03/2024**| ||**OF THE SESSIONS COURT, KOLLAM DIVISION IN**| ||**CRL.M.C. NO.421/2024**|