The single-judge High Court of Kerala dismissed the petitioner's second bail application alleged offences under the NDPS Act. The Court held that the filing of the final report did not constitute a change of circumstances sufficient to grant bail given the statutory rigour under Section 37.
Bail application dismissed; petitioner not released.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
BAIL APPL. NO. 1775 OF 2024
CRIME NO.983/2023 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. NO.11528 OF
2023 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.4:
SUJITH SATHEESAN,
AGED 24 YEARS
S/O SATHEESAN, VALIYAKUNNATH S.S BHAVAN,
ERAVIPEROOR VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA, PIN - 689542
BY ADVS.
C.S.MANU
DILU JOSEPH
C.A.ANUPAMAN
T.B.SIVAPRASAD
C.Y.VIJAY KUMAR
MANJU E.R.
ANANDHU SATHEESH
ALINT JOSEPH
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN – 682031
SR.PUBLIC PROSECUTOR SMT.NEEMA T.V.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B. A No.1775 of 2024
2
Dated this the 23rd day of May, 2024
O R D E R
This is the second application filed under Section 439 of the Code of Criminal Procedure, 1973, by the fourth accused in Crime No.983/2023 of the Pathanamthitta Police Station, Pathanamthitta, registered against the accused (four in number) for allegedly committing the offences punishable under Sections 20(b)(ii)(C) and 22(C) r/w Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( in short, ‘Act’). The petitioner’s arrest was recorded on 05.10.2023 .
B. A No.1775 of 2024
3
registration No.KL-03-AE-2548, parked in the porch of the said house on 26.07.2023 at about 18.00 hours. The three accused were arrested from the house, and the above crime was registered. During the course of the investigation, it was revealed that the contraband articles were handed over to the accused by the 4th accused at Bangalore, who was already in remand in connection with Crime No.108/2023 of the Excise Range Office, Sulthan Bathery, for committing a similar offence. Thus, the accused have committed the above offences.
B. A No.1775 of 2024
4
been in judicial custody since 5.10.2023, the petitioner is entitled to be released on bail.
B. A No.1775 of 2024
5
In view of the elaborate findings rendered by this Court in Annexure A2 order and the law laid down in
Mohit Aggarwal’s case , I hold that there is no change
of circumstances to enlarge the petitioner on bail.
Resultantly, the application is dismissed.
SD/-
C.S.DIAS, JUDGE
rmm23/5/2024
3 issues framed by the court
Whether the filing of a final report constitutes a change of circumstances sufficient to enlarge the petitioner on bail.
Whether the rigour under Section 37 of the NDPS Act precludes bail despite the final report in a second application.
Whether Annexure A2 order findings on ineligibility for bail bar the present bail application.
Colour shows how this judgement treated each authority
Narcotics Control Bureau v. Mohit AggarwalReferred¶29
[2022 KHC Online 6720]
3 provisions across 2 enactments
Sujith Satheesan
State of Kerala
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court