Kerala High Court
Jansheer A.J vs State Of Kerala on 7 November, 2024
Author: C.S.Dias
Bench: C.S.Dias
2024:KER:82809
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
BAIL APPL. NO. 5198 OF 2024
CRIME NO.578/2024 OF ATTINGAL POLICE STATION,
THIRUVANANTHAPURAM
PETITIONER/SOLE ACCUSED:
JANSHEER A.J.
AGED 29 YEARS
S/O JAHANGEER,J.R. MANZIL,
PALLICAL, ATTINGAL,
THIRUVANANTHAPURAM, PIN - 695501
BY ADV LATHEESH SEBASTIAN
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER,
ATTINGAL POLICE STATION,
THIRUVANANTHAPURAM DISTRICT, PIN - 695501
BY SRI. C.S. HRITHWIK
SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:82809
B.A.No. 5198 of 2024 -:2:-
ORDER
Dated this the 7th day of November, 2024 The application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2024, by the sole accused in Crime No.578/2024 of Attingal Police Station, Thiruvananthapuram, which is registered against him for allegedly committing the offences punishable under Sections 20(b)(ii)(A) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act). The petitioner was remanded to judicial custody on 16.06.2024.
2. The gist of the prosecution case is that: on 25.04.2024, the accused met with an accident and was admitted in the hospital. While the Investigating Officer was preparing the scene mahazer on 28.04.2024, at around 18:30 hours, he recovered 3.28 grams of MDMA, 0.330 grams of hashish oil, and 0.450 grams of ganja from the motorcycle ridden by the accused. Thus, the 2024:KER:82809 B.A.No. 5198 of 2024 -:3:- accused has committed the above offences.
3. Heard; Sri. Latheesh Sebastian, 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 innocent of the accusations levelled against him. The petitioner has been implicated in the case solely on the basis of the animosity of the Investigating Officer towards him. There is no material to substantiate that the contraband articles were recovered from the possession of the petitioner. In any given case, the petitioner has been in judicial custody for the last nearly five months, the investigation in the case is complete, the recovery has been effected, and the complaint (charge sheet) has been filed. Moreover, the contraband involved in the case is of an intermediate quantity. Therefore, the petitioner's further detention is unnecessary. Hence, the application may be allowed.
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5. The learned Public Prosecutor opposed the application. He submitted that there are incriminating materials to substantiate the petitioner's involvement in the crime. The petitioner is also an accused in Crime No. 1284/2023 registered by the Chadayamangalam Police Station for committing a similar offence. If the petitioner is let off on bail, there is every likelihood of him committing a similar offence. Therefore, the application may be dismissed. Nevertheless, he did not dispute the fact that the contraband involved in the case is of an intermediate quantity, the investigation in the case has been complete, and the complaint has been filed.
6. The prosecution allegation is that, 3.28 grams of MDMA, 0.330 grams of hashish oil, and 0.450 grams of ganja were seized from the motorcycle belonging to the petitioner while he was treated as an impatient in the hospital. Indisputably, the contraband articles involved in the case are of an intermediate quantity. Therefore, 2024:KER:82809 B.A.No. 5198 of 2024 -:5:- the rigour under Section 37 of the Act does not apply to the facts of the case. Hence, merely because the accused has an antecedent, the same cannot be treated as a ground to deny bail to the petitioner, especially since he has been in judicial custody for the last five months, the investigation in the case is complete, and the complainant (charge sheet) has been filed.
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 for the last five months, that the investigation in the case is complete, the complaint has been filed, and that the recovery has been effected, I am of the 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 2024:KER:82809 B.A.No. 5198 of 2024 -:6:- 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 Trial Court as and when directed;
(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;
(iv) The petitioner shall surrender his passport, if any, before the Jurisdictional Court at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the Jurisdictional Court on the date of execution of the bond;
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(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 moved and entertained by the Jurisdictional Court.
(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 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 Anr.[2020 (1) KHC 663].
Sd/-
C.S.DIAS,JUDGE mtk/7.11.24 2024:KER:82809 B.A.No. 5198 of 2024 -:8:- APPENDIX OF BAIL APPL. 5198/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE CITIZEN COPY OF FIR IN CRIME NO. 578/2024 OF ATTINGAL POLICE STATION Annexure 2 TRUE COPY OF THE CITIZEN COPY OF FIR IN CRIME NO. 574/2024 OF ATTINGAL POLICE STATION Annexure 3 TRUE COPY OF THE OUTPATIENT TREATMENT CERTIFICATE OF THE PETITIONER ISSUED FROM THE GOVERNMENT TALUK HOSPITAL, ATTINGAL ON 25.04.2024 Annexure 4 TRUE COPY OF THE DISCHARGE CERTIFICATE DATED 28.04.2024 ISSUED FROM THE KIMS HOSPITAL, THIRUVANANTHAPURAM Annexure 5 TRUE COPY OF THE CT SCAN REPORT OF THE PETITIONER ISSUED FROM THE KIMS HOSPITAL, THIRUVANANTHAPURAM DATED 25.04.2024