Kerala High Court
Al Ameen vs State Of Kerala on 8 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8290 OF 2025
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2025:KER:49874
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
BAIL APPL. NO. 8290 OF 2025
CRIME NO.927/2023 OF Pozhiyoor Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED 04.12.2024 IN Bail Appl.
NO.8278 OF 2024 OF HIGH COURT OF KERALA
PETITIONER/4TH ACCUSED:
AL AMEEN,
AGED 23 YEARS
S/O FAZILUDEEN, PERMANENTLY RESIDING AT THADATHARIKATHU
VEEDU, NEAR PETROL PUMP, MANGALAPURAM,
THONNACKAL, THIRUVANANTHAPURAM.,
PIN - 695317
BY ADVS.
SHRI.V.N.GOPALAKRISHNAN NAIR
SHRI.G.ARUN
SRI.G.VARUN
SRI.P.ANOOP (MULAVANA)
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 SUB INSPECTOR OF POLICE,
POZHIYOOR POLICE STATION, POZHIYOOR,
THIRUVANANTHAPURAM., PIN - 695513
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8290 OF 2025
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2025:KER:49874
BECHU KURIAN THOMAS, J.
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B.A. No.8290 of 2025
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Dated this the 8th day of July, 2025
ORDER
This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the 4th accused in Crime No.927/2023 of Pozhiyoor Police Station, Thiruvananthapuram District; registered for the offences punishable under Sections 20(b)(ii)A, 25, 27A, 29 and 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short, 'NDPS Act'].
3. The prosecution case is that, on 11.11.2023, the first accused was found transporting 175 grams of Methamphetamine and 2.03 grams of ganja inside the dashboard of the car bearing registration No.KL-01/P-1230 and when the police intercepted the vehicle, he fled from the scene. Subsequently, petitioner was arrayed as the 4 th accused for harbouring the offendor by enabling him to escape from the scene, and thereby committed the offences alleged. Petitioner was arrested on 11.11.2023 and he has been in custody since then.
4. Heard Sri.P.Anoop, the learned Counsel for the petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.
5. The learned Counsel for the petitioner submitted that other than the BAIL APPL. NO. 8290 OF 2025 3 2025:KER:49874 offence of harboring the offender, no other offence is made out against the petitioner in the final report. It was also pointed out that as the petitioner has been in custody from 11.11.2023, and there is no possibility of any trial in the immediate future, he ought to be released on bail. It was further submitted that, in any event, the first accused, from whose possession the contraband was seized, has already been granted bail by the Sessions Court by order dated 09.04.2025.
6. The learned Public Prosecutor opposed the bail application and submitted that the allegations against the petitioner are serious and being the conspirator, he ought not to be released on bail. It was further submitted that there are sufficient materials to prove the guilt of the petitioner, and hence, bail application ought to be dismissed.
7. On a perusal of the order of the Sessions Court in Crl.M.P.No.1353/2025 in S.C.No.615/2024, which is produced as Annexure-A5; it is seen that the first accused has been granted bail pursuant to the direction of this Court to consider his bail application. Petitioner, who is alleged to have conspired with the other accused, to enable the first accused to transport the contraband must be given the same benefit as that extended to the first accused even though the rigour under Section 37 of the NDPS Act will apply. Though the quantity of contraband seized from the first accused was commercial quantity, as the first accused has already been released on bail, it is not proper to detain the petitioner especially since he was arrested on 11.11.2023. Therefore, petitioner ought to be released on bail.
BAIL APPL. NO. 8290 OF 2025 4 2025:KER:49874
8. In the result, this bail application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave the State of Kerala without the permission of the jurisdictional Court.
In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.
sd/-
BECHU KURIAN THOMAS JUDGE AMV/08/07/2025 BAIL APPL. NO. 8290 OF 2025 5 2025:KER:49874 APPENDIX OF BAIL APPL. 8290/2025 PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF THE FIR NO.927/2023 BEFORE THE POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT ANNEXURE A2 A TRUE COPY OF THE FINAL REPORT DATED 11-3- 2024 IN FIR.NO.927/2023 BEFORE THE POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT ANNEXURE A3 A TRUE COPY OF THE ORDER DATED 04/12/2024 IN B.A. NO. 8278/2024 BEFORE THE HON'BLE HIGH COURT OF KERALA,AT ERNAKULAM ANNEXURE A4 A TRUE COPY OF THE ORDER IN B.A. NO.
4057/2025 BEFORE THE HONOURABLE HIGH COURT KERALA AT ERNAKULAM DATED 27/03/2025 ANNEXURE A5 A TRUE COPY OF THE BAIL ORDER IN CRL.M.P.NO.1353/2025 IN SC.NO.615/2024 BEFORE THE ADDITIONAL SESSIONS COURT -V, THIRUVANANTHAPURAM