Sabeeth vs State Of Kerala
2025 Latest Caselaw 8342 Ker

Kerala High Court

Sabeeth vs State Of Kerala on 29 April, 2025

                                                       2025:KER:33254

         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. 5409 OF 2025

 CRIME NO.116/2025 OF MATHILAKOM POLICE STATION, THRISSUR

     AGAINST THE JUDGMENT DATED 05.03.2025 IN BAIL APPL.

NO.2798 OF 2025 OF HIGH COURT OF KERALA

PETITIONER:

         SABEETH,
         AGED 40 YEARS
         S/O. RAMANAN, KAZHUTEDATH VEEDU,
         POZHAKAVU DESHAM, PANANGADU VILLAGE,
         THRISSUR DISTRICT, PIN - 680 665.

         BY ADVS.
         D.VIMAL DEV
         GIFFIN SHALOO
         AKHILA JOSEPH
         CHINJU KURUVILLA
         SNEHAPRABHA



RESPONDENT:

         STATE OF KERALA,
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682 031.

         SRI. 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:33254
BAIL APPL. NO.5409 OF 2025

                                 2



                              ORDER

This Bail Application is filed under Section 483

of Bharatiya Nagarik Suraksha Sanhita, 2023

(BNSS).

2. The petitioner is the accused in Crime

No.116 of 2025 of Mathilakam Police Station,

Thrissur. The above case is registered against the

petitioner alleging offence punishable under

Sections 22(b) of NDPS Act, 1985.

3. The prosecution case is that, on

31.01.2025, at 18.30 hrs, the Police party seized

1.86 grams of MDMA from the possession of the

petitioner at his residence.

4. Heard the learned counsel for the

petitioner and the learned Public Prosecutor.

5. The learned counsel for the petitioner 2025:KER:33254 BAIL APPL. NO.5409 OF 2025

submitted that the petitioner is innocent and has

been falsely implicated in the present case. On the

other hand, the learned 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 31.01.2025.

The investigating agency had the opportunity to

take the petitioner in police custody. The learned

Public Prosecutor submitted that charge sheet has

already been filed. The investigating agency did not

show any acceptable reasons for justifying further

detention of the petitioner. The anxiety expressed

by the learned Public Prosecutor that the accused

would interfere with the process of investigation if

released on bail, can be addressed by imposing

suitable conditions. Having considered the entire 2025:KER:33254 BAIL APPL. NO.5409 OF 2025

circumstances, including the stage of the

investigation and the tenure of judicial custody

undergone by the petitioner in the touchstone of the

well settled principles relating to bail and also

considering the facts that the petitioner has no

criminal antecedents, it is only just and proper to

release him on bail.

7. In the result, the application is allowed on

the following conditions:-

i. The petitioner shall be released on bail

on executing a bond for Rs.1,00,000/-

(Rupees One Lakh only) with two solvent

sureties for the like sum each to the

satisfaction of the jurisdictional

Magistrate/Court.

ii. The petitioner shall fully cooperate with

the investigation.

2025:KER:33254 BAIL APPL. NO.5409 OF 2025

iii. The petitioner shall appear before the

investigation officer between 10 a.m. and

11 a.m. on every Saturday for a period of

three months. He shall also appear before

the investigation officer as and when a

notice in writing is issued by the

investigating officer.

iv. The petitioner shall not commit any

offence of a like nature while on bail.

v. The petitioner shall not interact with the

prosecution witnesses, directly or through

any other person, or in any other way

influence any witnesses or other persons

related to the investigation and he/she/they

shall not tamper with the evidence.

vi. The petitioner shall not leave Kerala

without the permission of the trial court.

2025:KER:33254 BAIL APPL. NO.5409 OF 2025

vii. The application, if any, for

deletion/modification of the bail conditions or

cancellation of bail on the ground of violating

the bail conditions can be entertained by the

jurisdictional court, if it is found necessary.

Sd/-

P.KRISHNA KUMAR JUDGE

SPR 2025:KER:33254 BAIL APPL. NO.5409 OF 2025

APPENDIX

PETITIONER'S ANNEXURES:-

ANNEXURE A1 TRUE COPY OF THE ORDER DATED 05-03-2025.

ANNEXURE A2 THE TRUE COPY OF THE ORDER DATED 04-04-2025.

RESPONDENT'S EXHIBITS: NIL.