Kerala High Court
Abhijit vs State Of Kerala on 23 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A. No.9808 of 2025 1
2025:KER:64348
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
SATURDAY, THE 23RD DAY OF AUGUST 2025 / 1ST BHADRA, 1947
BAIL APPL. NO. 9808 OF 2025
CRIME NO.436/2025 OF Kadavanthra Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED 06.08.2025 IN CRMC
NO.2187 OF 2025 OF I ADDITIONAL DISTRICT COURT/RENT CONTROL
APPELLATE AUTHORITY, ERNAKULAM
PETITIONER/ACUSED NO.1:
ABHIJIT, AGED 26 YEARS
S/O SHAJIMON K. G., KUMBALATH, ALAKODE, KANNUR CITY,
KERALA, PIN - 670571
BY ADV SRI.JOHNSON GOMEZ
RESPONDENT/PROSECUTION:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. No.9808 of 2025 2
2025:KER:64348
BECHU KURIAN THOMAS, J.
......................................................
B.A. No.9808 of 2025
...................................................
Dated this the 23rd day of July, 2025
ORDER
This bail application is filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the first accused in Crime No.436 of 2025 of
Kadavanthra Police Station, Ernakulam, registered for the offences
punishable under Sections 20(b)(ii)(B) and 29 of the Narcotic Drugs
and Psychotropic Substances Act, 1985 [for brevity, 'NDPS Act'].
3. According to the prosecution, on 25.07.2025, accused
were found in possession of 4.099 Kg. of ganja and thereby
committed the offences alleged. Petitioner was arrested on
25.07.2025 and he has been in custody since then.
4. Heard Adv.Johnson Gomez, the learned Counsel for the
petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.
5. The learned Counsel for the petitioner vehemently
contended that the petitioner has been falsely implicated as an
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accused, as he neither had any involvement in the offence, nor was
he in possession of the contraband, or even conspired with the
second accused in the commission of the alleged offences.
It was further submitted that since petitioner has been in custody
from 25.07.2025, he ought to be released on bail.
6. The learned Public Prosecutor opposed the bail
application and submitted that petitioner was involved in another
offence for possessing small quantity of contraband.
7. The contention raised by the petitioner regarding his non-
involvement in the alleged offence is a matter to be established
during trial. However, the contentions can be reckoned for
considering his release on bail. Since the nature of contraband
seized falls under the category of intermediate quantity, the rigour
under Section 37 of the NDPS Act does not apply. As the petitioner
has been in custody from 25.07.2025 and as there is no possibility of
an immediate trial, I am of the view that his further detention is not
necessary especially in the light of the peculiar circumstances
regarding his claim of innocence. Therefore, petitioner ought to be
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released on bail.
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 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 India 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
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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
sp/23/08/2025
2025:KER:64348
APPENDIX OF BAIL APPL. 9808/2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FIR BEARING NUMBER 436
OF 2025 OF KADAVANTHARA POLICE STATION
DATED 26.07.2025
Annexure A2 TRUE COPY OF THE ARREST MEMO
Annexure A3 TRUE COPY OF THE JUDGMENT DATED 07.08.2025
IN CRL MC NO. 2187 OF 2025
Annexure A4 TRUE COPY OF THE PRIVATE COMPLAINT BEARING
NUMBER 2342 OF 2025 ON THE FILES OF
HON'BLE JUDICIAL MAGISTRATE COURT 8
ERNAKULAM
