Kerala High Court
Shanavas P.M vs State Of Kerala on 23 August, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:64212
CRL.MC NO. 7038 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
SATURDAY, THE 23RD DAY OF AUGUST 2025 / 1ST BHADRA, 1947
CRL.MC NO. 7038 OF 2025
CRIME NO.25/2025 OF ADHUR POLICE STATION, KASARGOD
AGAINST THE ORDER/JUDGMENT DATED 25.07.2025 IN CRMC
NO.1092 OF 2025 OF DISTRICT COURT & SESSIONS & MOTOR ACCIDENT
CLAIMS TRIBUNAL/RENT CONTROL APPELLATE AUTHORITY, KASARAGOD
PETITIONER:
SHANAVAS P.M
AGED 26 YEARS
S/O ABBAS, MASTHIKUNDU HOUSE,
MULIYAR VILLAGE, KASARGODE DISTRICT.,
PIN - 671542
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:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
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CRL.MC NO. 7038 OF 2025
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2 THE STATION HOUSE OFFICER
ADHUR POLICE STATION, KASARAGOD DISTRICT,
PIN - 671543
BY AJITH MURALI, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 7038 OF 2025
3
ORDER
Petitioner is the 2nd accused in Crime No. 25 of 2025
registered at the Adhur Police Station for offences under
Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic
Substances Act.
2. The crime is registered on the allegation that,
on 13.01.2025, at about 05:30 PM, at a place called
Manchakkal, the petitioner, along with other accused, was found
travelling in a vehicle carrying 99.54 grams of MDMA. The
petitioner was arrested on 13.01.2025 and granted bail as per
Annexure 1 order dated 25.07.2025, subject to conditions. This
Crl.M.C is filed aggrieved by condition Nos. 1 and 2 in Annexure
1 order.
3. Learned counsel for the petitioner submits that
the first condition, requiring one of the sureties to be the
parents, siblings, or close relatives of the accused is unjust and
has resulted in the petitioner languishing in jail in spite of being
granted bail. It is submitted that none of the close relatives are
willing to stand surety for the petitioner, whereas his friends
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CRL.MC NO. 7038 OF 2025
have expressed readiness. As far as the 2 nd condition is
concerned, it is contended that the direction to furnish cash
security of Rs.20,000/- militates against the settled proposition
of law that, onerous conditions, which have the effect of denying
bail cannot be imposed.
4. Learned Public Prosecutor pointed out that,
commercial quantity of MDMA having been recovered from the
petitioner's possession, the court below is justified in imposing
stringent conditions.
5. No doubt, the offences alleged against the
petitioner are very serious in nature. Even if so, the question is
whether, having decided to grant bail, the court below could
have imposed conditions which are impossible of performance.
This Court in Karthika Pradeep v. State of Kerala [2025 KHC
OnLine 1915], has held that conditions requiring one surety to
be a close relative of the accused, creates a geographical
discrimination in the bail matters and cannot therefore be
imposed. Likewise, calling upon an accused in custody to
furnish cash security is also unjust, as it can result in the
accused continuing in jail, like in the instant case. Here, the
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decision of the Apex Court in In Re Policy Strategy for Grant
of Bail v. [2023 (2) KHC 84] holding that if the accused is
unable to execute bail bond within one month of grant of bail,
the stringent conditions which prevented such execution should
be modified, applies on all fours.
For the aforementioned reasons, the Crl.M.C is allowed
by deleting condition No.2 and modifying condition No.1 in
Annexure 1 order as under;
"1. They shall execute a bond for Rs.1,00,000/- (Rupees
one lakh only) with two solvent sureties each for the like sum to
the satisfaction of the court."
Sd/-
V.G.ARUN
JUDGE
SPV
2025:KER:64212
CRL.MC NO. 7038 OF 2025
PETITIONER'S ANNEXURES
ANNEXURE 1 TRUE COPY OF THE ORDER DATED 25.07.2025
IN CRL.M.C NO.1092/2025 PASSED BY
HONOURABLE SESSION'S COURT, KASARAGOD
RESPONDENTS' ANNEXURES: NIL
//TRUE COPY//
PA TO JUDGE
