[Cites 2, Cited by 0]
Kerala High Court
Bijukumar vs State Of Kerala on 4 December, 2025
Author: K.Babu
Bench: K. Babu
2025:KER:93797
B.A.No. 13969 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 4TH DAY OF DECEMBER 2025 / 13TH AGRAHAYANA,
1947
BAIL APPL. NO. 13969 OF 2025
CRIME NO.972/2024 OF Kunnicode Police Station, Kollam
AGAINST THE ORDER DATED 04.12.2024 IN Bail Appl.
NO.9497 OF 2024 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
BIJUKUMAR,
AGED 50 YEARS,
S/O RAGHAVAN PILLAI, VAISAKHAM, PERUMKULAM MURI,
KALAYAPURAM VILLAGE, KOTTARAKARA TALUK, KOLLAM
DISTRICT, PIN - 691560
BY ADVS.
SRI.K.V.ANIL KUMAR
SMT.RADHIKA S.ANIL
SHRI.NIJAZ JALEEL
SHRI.NEERAJ S.
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
BY ADV.
SRI. G. SUDHEER,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:93797
B.A.No. 13969 of 2025
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K.BABU, J.
-------------------------------------------
B.A. No.13969 of 2025
---------------------------------------------
Dated this the 4th day of December, 2025
ORDER
This is an application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
2. The petitioner is the accused in Crime No.972/2024
of Kunnicode Police Station, Kollam. The offence alleged against
the petitioner is punishable under Section 20(b)(ii)((B) of the
Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The prosecution case, as narrated in Annexure E
order, reads thus:-
"....on 27.08.2024, the police party received a secret
information that a person is carrying narcotic substances,
based on which, the police party reached near Kura Railway
Bridge and found the petitioner under suspicious
circumstances. The police party apprehended him and during
search, two packets of ganja weighing 3.750 kilograms were
found in a carry bag." [sic]
4. The petitioner was arrested on 27.08.2024 and he
has been in judicial custody since then.
5. Heard the learned counsel for the petitioner and the
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learned Public Prosecutor.
6. The learned counsel for the petitioner seeks the
release of the petitioner on the ground that custodial trial will
cause prejudice to the petitioner.
7. The learned Public Prosecutor opposed the bail plea
of the petitioner contending that the petitioner is accused in
eight similar crimes.
8. B.A.No.9497/2024, the earlier Bail Application filed
by petitioner, was dismissed by this Court as per order dated
04.12.2024 with a direction to expedite the trial. This Court
obtained a report from the learned Sessions Judge regarding the
stage of trial. It is reported that the case is ripe for trial and it
could be disposed of within six months.
9. I have gone through the Case Diary, which reveals
that the petitioner was convicted in two NDPS crimes
10. As per Section 37 of the NDPS Act, if the Public
Prosecutor opposes the bail application, the court must satisfy
that there are reasonable grounds for believing that the accused
is not guilty of such offence and only then can bail be granted.
So, as far as the petitioner is concerned, the twin conditions
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which really have relevance are: (i) The satisfaction of the court
that there are reasonable grounds for believing that the accused
is not guilty of the alleged offence and (ii) that they are not likely
to commit any offence while on bail. These conditions are
cumulative and not alternative. It is pertinent to note that the
satisfaction contemplated in the provision regarding the accused
being not guilty has to be based on reasonable grounds. It
contemplates substantial probable causes for believing that the
accused is not guilty of the alleged offence.
11. I have gone through the entire materials made
available. I feel that the limitations in granting bail as contained
in Section 37 of the NDPS Act are applicable to the present
situation and hence the petitioner is not entitled to bail.
In the result, the Bail Application is dismissed.
Sd/-
K.BABU
JUDGE
VPK
2025:KER:93797
APPENDIX OF BAIL APPL. NO. 13969 OF 2025
PETITIONER ANNEXURES
Annexure-A A TRUE COPY OF THE FIR IN CRIME NO.
972 / 2024 OF KUNNICODE POLICE STATION
Annexure-B A TRUE COPY OF THE REMAND APPLICATION IN
CRIME NO. 972 / 2024 OF KUNNICODE POLICE
STATION
Annexure-C A TRUE COPY OF THE COMPLAINT BEFORE THE
DISTRICT POLICE CHIEF (RURAL), KOLLAM
DATED 30.06.2018
Annexure-D A TRUE COPY OF THE COMPLAINT BEFORE THE
STATE POLICE COMPLAINT AUTHORITY DATED
19.08.2022 OF THE PETITIONER
Annexure-E A TRUE COPY OF THE ORDER DATED
02.11.2024 IN CRL.M.P. NO. 2207 / 2024
OF THE SESSIONS COURT, KOLLAM
Annexure-F A TRUE COPY OF THE JUDGMENT DATED
Annexure-G A TRUE COPY OF THE JUDGMENT DATED
11.11.2025 IN CRL.M.P. NO. 2136/2025 OF
THE ADDL. SESSIONS COURT-VI, KOLLAM
