Kerala High Court
Noufal Babu vs State Of Kerala on 29 April, 2025
2025:KER:33303
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. 5370 OF 2025
CRIME NO.10/2023 OF Kalikavu Excise Range Office, Malappuram
AGAINST THE JUDGMENT DATED 02.12.2024 IN BAIL APPL. NO.7230 OF
2023 OF HIGH COURT OF KERALA
PETITIONER(S)/ ACCUSED:
NOUFAL BABU
AGED 43 YEARS
NEELAMBRA HOUSE, CHOKKAD, NILAMBUR TALUK, MALAPPURAM
DISTRICT, PIN - 979 332.
BY ADVS.
R.RANJITH (MANJERI)
SEETHAL P.S.
RESPONDENT(S) :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682 031.
BY ADV. G SUDHEER, PUBLIC PROSECUTOR.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.04.2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. NO.5370 OF 2025 : 2 :
2025:KER:33303
P. KRISHNA KUMAR, J.
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B.A. No. 5370 of 2025
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Dated this the 29th day of April, 2025
O R D E R
This Bail Application is filed under Section 483
of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
2. Petitioner is the 1st accused in Crime
No.10/2023 of Excise Range Office, kalikavu. The
above case is registered against the petitioner alleging
offence punishable under Sections 22 (c) and 29 of
Narcotic Drugs and Psychotropic Substances Act, 1985
(for short, 'NDPS Act')
3. The prosecution case is that on 19.05.2023
2025:KER:33303
at 05.20 p.m, the petitioner along with other accused
persons were found in possession of 97 gms of
MDMA and the petitioner individually possessed
15.67 gms of Methamphetamine.
4. Heard the learned counsel for the petitioner
and the learned Public Prosecutor.
5. The learned counsel for the petitioner
submitted that the petitioner is innocent and has been
falsely implicated in the present case. The counsel
further submitted that no materials are on record to
connect the petitioner with the alleged crime; hence
he is entitled to get bail. On the other hand, the
learned Public Prosecutor submitted that the alleged
incident occurred as a part of the intentional criminal
2025:KER:33303
acts of the petitioner, and he is not entitled to bail at
this stage.
6. The petitioner was arrested on 19.05.2023.
This Court had earlier considered the bail application
of the petitioner on a number of occasions and
disposed of the matter on merit by detailed orders.
Going though the records, I am of the view that the
petitioner is unable to satisfy the existence of the
twin conditions under Section 37 (b) of the NDPS Act
for entitling him for the bail. 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
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stage.
The bail application is accordingly dismissed.
Sd/-
P. KRISHNA KUMAR
JUDGE
SRJ
2025:KER:33303
APPENDIX OF BAIL APPL. 5370/2025
PETITIONER'S ANNEXURES
ANNEXURE A TRUE COPY OF THE ORDER OF THIS HON'BLE COURT
IN BA NO. 2156/2025, DATED 19/2/2025.
ANNEXURE B TRUE COPY OF THE ORDER IN BAIL BAIL
APPLICATION NO. 7230/2023 OF THIS HON'BLE
COURT, DATED 2/12/2024.
ANNEXURE C TRUE COPY OF THE ORDER IN CRL. M.P. NO. 7/2025
IN SC NO. 1560/2023 OF SPECIAL COURT FOR SC/ST
(POA) ACT & NDPS ACT CASES, MANJERI, DATED
24/3/2025.
