Kerala High Court
Sesil Saju vs State Of Kerala on 8 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:59530
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 8TH DAY OF AUGUST 2025 / 17TH SRAVANA, 1947
BAIL APPL. NO. 9376 OF 2025
CRIME NO.89/2025 OF WALAYAR POLICE STATION, PALAKKAD
SC NO.303 OF 2025 OF II ADDITIONAL DISTRICT COURT &
SESSIONS COURT,PALAKKAD
PETITIONER/ACCUSED (IN CUSTODY FROM 30.01.2025):
SESIL SAJU
AGED 28 YEARS
S/O.SAJU,
ARAKKATHOTTATHIL HOUSE,
MOOCHIKKAL KULAMBU,
ANAKKAMTHURUTHI, VADAKKANCHERRY,
PALAKKAD DISTRICT, PIN - 678683
BY ADVS.
SRI.P.MOHAMED SABAH
SRI.LIBIN STANLEY
SMT.SAIPOOJA
SRI.SADIK ISMAYIL
SMT.R.GAYATHRI
SRI.M.MAHIN HAMZA
SHRI.ALWIN JOSEPH
SHRI.BENSON AMBROSE
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER
WALAYAR POLICE STATION,
WALAYAR P.O, PALAKKAD DISTRICT, PIN - 678624
BY ADV. PRASANTH M.P., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 08.08.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2025:KER:59530
B.A. No.9376 of 2025
-:2:-
BECHU KURIAN THOMAS, J.
----------------------------------------
B.A. No.9376 of 2025
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Dated this the 8th day of August, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the accused in Crime No.89 of 2025 of Walayar
Police Station, Palakkad, registered for the offence punishable under
Sections 22(b) of the Narcotic Drugs and Psychotropic Substances Act,
1985 [for brevity, 'NDPS Act'], which is now pending as S.C.No.303 of
2025 on the files of the Additional Sessions Court-II, Palakkad.
3. According to the prosecution, on 30.01.2025, at 12.15 pm,
petitioner was found in possession of 25 grams of MDMA in a car
bearing registration No.KL-17P-1582, and and thereby committed the
offence alleged. Petitioner was arrested on 30.01.2025, and he has
been in custody since then. Subsequently, it was revealed that the
contraband was Methamphetamine and hence the charge was altered.
4. Heard Sri. P. Mohamed Sabah, the learned Counsel for the
petitioner as well as Smt. Sreeja V., the learned Public Prosecutor.
5. The learned Counsel for the petitioner contended that the
prosecution allegations are false and that since petitioner has been in
2025:KER:59530
custody from 30.01.2025, he ought to be released on bail.
6. The learned Public Prosecutor opposed the bail application
and submitted that petitioner is involved in two other crimes, of which
one is under the NDPS Act, and also that petitioner was detained under
the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA).
7. Since the nature of contraband seized is found to be
methamphetamine and the quantity of 25 grams of methamphetamine
falls under the category of intermediate quantity, the rigour under
Section 37 of the NDPS Act does not apply. Though learned Public
Prosecutor submitted that petitioner is involved in two other crimes, of
which one is under the NDPS Act, and also that petitioner was detained
under the KAAPA, which order was set aside subsequently by this
Court, I am of the view that those antecedents need not deter this
Court from granting bail to the petitioner.
8. As the petitioner has been in custody from 30.01.2025 and
as there is no possibility of an immediate trial, I am of the view that his
further detention is not necessary. Therefore, petitioner ought to be
released on bail.
9. 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
2025:KER:59530
two solvent sureties each for the like sum to the
satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer
as and when required.
(c) Petitioner shall not intimidate or attempt to influence
the witnesses; nor shall he tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he
is on bail.
(e) Petitioner shall not leave the country without the
permission of the Court having jurisdiction.
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
jka/08.08.25.
2025:KER:59530
APPENDIX OF BAIL APPL. 9376/2025
PETITIONER'S ANNEXURES
Annexure 1 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 89 OF 2025 OF
WALAYAR POLICE STATION, PALAKKAD
DISTRICT
Annexure 2 TRUE COPY OF THE JUDGMENT DATED
30.07.2025 IN WP (CRL) NO. 815/2025
PASSED BY THIS HON'BLE COURT
