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
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
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
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
