Kerala High Court
Shamsudheen K.K vs State Of Kerala on 29 April, 2025
2025:KER:33294
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
TUESDAY, THE 29TH DAY OF APRIL 2025 / 9TH VAISAKHA, 1947
BAIL APPL. NO. 5403 OF 2025
CRIME NO.935/2024 OF MATTANNUR POLICE STATION, KANNUR
ORDER/JUDGMENT DATED 30-01-2025 IN BAIL APPL. NO.1239
OF 2025 OF HIGH COURT OF KERALA
PETITIONER/2ND ACCUSED:
SHAMSUDHEEN K.K
AGED 36 YEARS, S/O. KUNHITHARUVAYI,
KULAKKODE, EDACHERI POST KOZHIKODE,
PIN - 673 502.
BY ADVS.
M.P.PRIYESHKUMAR
DIVYA T.P.
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
BY ADV VIPIN NARAYAN A (SR PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:33294
BAIL APPL. 5403/2025 2
ORDER
Dated this the 29th day of April, 2025 This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
2. Petitioner is the 2nd accused in Crime No.935/2024 of Mattannur Police Station, Kannur district. The above case is registered against the petitioner alleging offence punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
3. The prosecution case is that, on 10-12-2024, the 1st accused was found in possession of 79.59 grams of MDMA and he was arrested from the spot. It is further alleged that the petitioner conspired with the 1st accused to purchase MDMA from Bangalore, and the 1st accused transported the MDMA given by one Amir in Bangalore to hand over the same to the petitioner.
2025:KER:33294 BAIL APPL. 5403/2025 3
4. Heard the learned counsel for the petitioner and the learned Senior Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in the present case. The counsel further submitted that there are no materials to directly connect the petitioner with the 1st accused or in the attempted acquisition of MDMA by him; hence he is entitled to get bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the petitioner, and he is not entitled to bail at this stage.
6. The petitioner was arrested on 10-12-2024 and produced before the Judicial First Class Magistrate on 11-12-2024, and since then he has been in judicial custody. On going through the records before this Court, I am of the view that 2025:KER:33294 BAIL APPL. 5403/2025 4 there are sufficient materials to connect the petitioner with the alleged recovery of a commercial quantity of MDMA. The petitioner is not able to establish the twin conditions that are to be satisfied for invoking the provisions under Section 37(b) of the NDPS Act in his favour. Considering the nature of the crime, the manner in which the petitioner is alleged to have been involved in it, and the facts and circumstances mentioned above, I am of the view that the petitioner cannot be released on bail at this stage.
The bail application is accordingly dismissed.
Sd/-
P. KRISHNA KUMAR JUDGE ats 2025:KER:33294 BAIL APPL. 5403/2025 5 APPENDIX OF BAIL APPL. 5403/2025 PETITIONER'S ANNEXURES Annexure A1 TRUE COPY OF THE FIR IN CRIME NUMBER 935/2024 OF MATTANNUR POLICE STATION Annexure A2 TRUE COPY OF THE ORDER DATED 04.01.2025 IN CRL.MP 1407/2024 ON THE FILE OF THE HON'BLE SPECIAL JUDGE (NDPS ACT CASES), VATAKARA Annexure A3 TRUE COPY OF THE BAIL ORDER DATED 30.01.2025 IN BA 1239/2025 OF THIS HON'BLE COURT O Annexure A4 TRUE COPY OF THE SAID ORDER DATED 14.03.2025 IN CRL.MP 281/2025 HON'BLE SPECIAL JUDGE (NDPS ACT CASES), VATAKARA