Kerala High Court
Jibumon P Peter vs State Of Kerala on 25 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:54955
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
BAIL APPL. NO. 8366 OF 2025
CRIME NO.615/2025 OF MANARCAUD POLICE STATION, KOTTAYAM
AGAINST THE ORDER/JUDGMENT DATED 28.06.2025 IN CRMC
NO.130 OF 2025 OF SPECIAL COURT (NDPS ACT CASES), THODUPUZHA
PETITIONER/2ND ACCUSED:
JIBUMON P PETER
AGED 23 YEARS
S/O BIJUMON PETER,
PALLIPPARAMBIL HOUSE,
THIRUVANCHOOR P.O, PARAMBUKARA COLONY BHAGOM,
KOTTAYAM, KERALA, PIN - 686019
BY ADVS.
SMT.NEERAJA VENUGOPAL
SHRI.ELDHO ABRAHAM KURIAKOSE
SMT.HARITHA SIVADAS
SHRI.ADWAITH SATHIAN
SHRI.DENNY MATHEW ASHY
SHRI.ANANDU S. PARAYIL
SHRI.T.R.SATHIAN
SHRI.ASHWIN MATHEWS
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM DISTRICT, PIN - 682031
BY ADV. NOUSHAD K. A., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 25.07.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2025:KER:54955
B.A. No.8366 of 2025
-:2:-
BECHU KURIAN THOMAS, J.
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Dated this the 25th day of July, 2025
This bail application is filed under section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the second accused in Crime No.615 of 2025
of Manarcaud Police Station, Kottayam, registered for the offences
punishable under Sections 20(b)(ii)(A) and 22(b) of the Narcotic Drugs
and Psychotropic Substances Act, 1985.
3. According to the prosecution, on 01.06.2025, at about
08.00 pm, the accused were found in possession of 19 grams of ganja
and 16 strips of nitrozepam tablets in an auto-rickshaw bearing
registration No.KL-33-C-031, and thereby committed the offences
alleged. Petitioner was arrested on 02.06.2025, and he has been in
custody since then.
4. Heard the learned counsel for the petitioner as well as 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
custody from 02.06.2025, he ought to be released on bail.
2025:KER:54955
6. The learned Public Prosecutor opposed the bail application
and submitted that petitioner is involved in seven other crimes, of
which three crimes are under the NDPS Act.
7. Though the learned Public Prosecutor pointed out that
petitioner is involved in seven other crimes, of which three are offences
under the NDPS Act, considering the period of detention already
undergone by the petitioner from 02.06.2025, I am of the view that
such antecedents need not deter this Court from granting bail to the
petitioner.
8. Since the nature of contraband seized is found to be 19
grams of ganja and 16 strips of nitrozepam, which 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
02.06.2025, 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. Accordingly, this 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.
2025:KER:54955
(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 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/25.07.25.
2025:KER:54955
APPENDIX OF BAIL APPL. 8366/2025
PETITIONER'S ANNEXURES
Annexure-1 THE TRUE COPY OF FIR IN CRIME 615/2025
OF MANARCADU POLICE STATION DATED
01.06.2025
Annexure-2 THE TRUE COPY OF THE ORDER IN CRL.M.C
NO: 130/2025 OF THE HON'BLE SPECIAL
COURT FOR NDPS CASE, THODUPUZHA DATED
28.06.2025
