Kerala High Court
R. Sanker vs State Of Kerala on 4 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:48877
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 4TH DAY OF JULY 2025 / 13TH ASHADHA, 1947
BAIL APPL. NO. 7912 OF 2025
CRIME NO.2/2024 OF KILIMANOOR EXCISE RANGE OFFICE,
THIRUVANANTHAPURAM AGAINST THE ORDER/JUDGMENT DATED
18.02.2025 IN BAIL APPL. NO.2073 OF 2025 OF HIGH COURT OF
KERALA.
PETITIONER:
R.SANKER,
AGED 33 YEARS,
S/O RAJENDRAN, 254, PILLAIYAR COVIL STREET,
VIPPEDU, KANCHEEPURAM, TAMIL NADU,
PIN - 631 502.
BY ADV SRI.K.V.SABU
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SRI. PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.7912 of 2025
2025:KER:48877
-2-
BECHU KURIAN THOMAS, J.
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Bail Appl. No.7912 of 2024
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Dated this the 4th 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.2 of 2024 of
Kilimanoor Excise Range Office, Thiruvananthapuram, registered
for the offences punishable under sections 8(c), 20(b)(ii)(C) and 29
of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for
short 'NDPS Act')
3. According to the prosecution, on 18.02.2024, the
accused was found travelling in a car bearing registration
No.TN-01-W-6862 along with the second accused and from inside
the car, 71.4 Kgs of ganja were seized and thereby the accused
committed the offences alleged. Petitioner was arrested on
18.02.2024 and he has been in custody since then.
4. Sri.K V Sabu, the learned counsel for the petitioner,
submitted that petitioner has no connection with the possession of
the alleged contraband and, despite completion of investigation
and filing of the final report, no legally acceptable material has
2025:KER:48877
been collected to connect him with the crime. It was further
pointed out that the second accused, who was actually the person
transporting the contraband, fled from the scene on seeing the
police, while the petitioner, who was travelling with him and
unaware about the contraband in the car, sat inside the vehicle,
which itself indicates his lack of knowledge of the contraband in
the case. It was further submitted that the period of detention
already undergone from 18.02.2024 is sufficient enough to
release him on bail.
5. Sri.Prasanth M P, the learned Public Prosecutor, on the
other hand, submitted that the final report has already been filed
and the petitioner's confessional statement is available which
indicates that he had enabled the second accused to transport the
contraband in repayment of the debt owed by him to the second
accused. It was also submitted that petitioner's connection with
the crime has been brought out during investigation and since the
rigour under Section 37 applies, petitioner ought not to be
released on bail.
6. On a consideration of the rival contentions, it is evident
that, despite completing the investigation and filing the final
report, the only material available with the prosecution is a
confessional statement of the petitioner. In the decision in Tofan
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Singh v. State of Tamilnadu [(2021) 4 SCC 1], the Supreme
Court has observed that the statement obtained under Section 67
of NDPS Act are not admissible in evidence.
7. Petitioner contends that the second accused who was
driving the vehicle fled away from the scene on seeing the police
while the petitioner remained inside the vehicle, unaware of the
existence of the contraband in the car. In the absence of any
prima facie material to connect the petitioner with the crime other
than the confession statement which is inadmissible in law, I am of
the view that there are reasonable grounds to believe that the
petitioner is not guilty of the offences alleged. Further, since the
petitioner has been in custody from 18.02.2024, in the absence of
any material to connect him with the crime, his continuance in
custody is an infringement of his right to life.
8. Accordingly, I am satisfied that the rigour under
Section 37 of the NDPS Act stands diluted in the case of the
petitioner. Hence, this bail application is allowed.
In the result, 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.
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(b) Petitioner shall co-operate with the trial of the case.
(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 jurisdictional Court.
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
ADS
2025:KER:48877
APPENDIX OF BAIL APPL. 7912/2025
PETITIONER ANNEXURES
Annexure A1 A COPY OF THE COMPLAINT FILED BY THE
ASSISTANT EXCISE COMMISSIONER,
THIRUVANANTHAPURAM DT.14.08.2024.
Annexure A2 A COPY OF THE REPORT DT.3.6.2024 ISSUED
FROM SRI NE MEDICAL FOUNDATION,
KANCHIPURAM.
Annexure A3 COPY OF THE CERTIFICATE DT.27.06.2024
ISSUED FROM SRI. NE CARDIAC CARE CENTRE,
KANCHIPURAM.
