Kerala High Court
Al Ameen vs State Of Kerala on 8 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8290 OF 2025
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2025:KER:49874
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
BAIL APPL. NO. 8290 OF 2025
CRIME NO.927/2023 OF Pozhiyoor Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED 04.12.2024 IN Bail Appl.
NO.8278 OF 2024 OF HIGH COURT OF KERALA
PETITIONER/4TH ACCUSED:
AL AMEEN,
AGED 23 YEARS
S/O FAZILUDEEN, PERMANENTLY RESIDING AT THADATHARIKATHU
VEEDU, NEAR PETROL PUMP, MANGALAPURAM,
THONNACKAL, THIRUVANANTHAPURAM.,
PIN - 695317
BY ADVS.
SHRI.V.N.GOPALAKRISHNAN NAIR
SHRI.G.ARUN
SRI.G.VARUN
SRI.P.ANOOP (MULAVANA)
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 SUB INSPECTOR OF POLICE,
POZHIYOOR POLICE STATION, POZHIYOOR,
THIRUVANANTHAPURAM., PIN - 695513
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8290 OF 2025
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2025:KER:49874
BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8290 of 2025
...................................................
Dated this the 8th 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 4th accused in Crime No.927/2023 of Pozhiyoor Police
Station, Thiruvananthapuram District; registered for the offences
punishable under Sections 20(b)(ii)A, 25, 27A, 29 and 22(C) of the
Narcotic Drugs and Psychotropic Substances Act, 1985 [for short, 'NDPS
Act'].
3. The prosecution case is that, on 11.11.2023, the first accused was found
transporting 175 grams of Methamphetamine and 2.03 grams of ganja
inside the dashboard of the car bearing registration No.KL-01/P-1230 and
when the police intercepted the vehicle, he fled from the scene.
Subsequently, petitioner was arrayed as the 4 th accused for harbouring
the offendor by enabling him to escape from the scene, and thereby
committed the offences alleged. Petitioner was arrested on 11.11.2023
and he has been in custody since then.
4. Heard Sri.P.Anoop, the learned Counsel for the petitioner as well as
Smt.Sreeja V., the learned Public Prosecutor.
5. The learned Counsel for the petitioner submitted that other than the
BAIL APPL. NO. 8290 OF 2025
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offence of harboring the offender, no other offence is made out against
the petitioner in the final report. It was also pointed out that as the
petitioner has been in custody from 11.11.2023, and there is no
possibility of any trial in the immediate future, he ought to be released
on bail. It was further submitted that, in any event, the first accused,
from whose possession the contraband was seized, has already been
granted bail by the Sessions Court by order dated 09.04.2025.
6. The learned Public Prosecutor opposed the bail application and submitted
that the allegations against the petitioner are serious and being the
conspirator, he ought not to be released on bail. It was further submitted
that there are sufficient materials to prove the guilt of the petitioner, and
hence, bail application ought to be dismissed.
7. On a perusal of the order of the Sessions Court in Crl.M.P.No.1353/2025
in S.C.No.615/2024, which is produced as Annexure-A5; it is seen that the
first accused has been granted bail pursuant to the direction of this Court
to consider his bail application. Petitioner, who is alleged to have
conspired with the other accused, to enable the first accused to transport
the contraband must be given the same benefit as that extended to the
first accused even though the rigour under Section 37 of the NDPS Act
will apply. Though the quantity of contraband seized from the first
accused was commercial quantity, as the first accused has already been
released on bail, it is not proper to detain the petitioner especially since
he was arrested on 11.11.2023. Therefore, petitioner ought to be
released on bail.
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8. 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 co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the
witnesses; nor shall he attempt to tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on
bail.
(e) Petitioner shall not leave the State of Kerala 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
AMV/08/07/2025
BAIL APPL. NO. 8290 OF 2025
2025:KER:49874
APPENDIX OF BAIL APPL. 8290/2025
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE FIR NO.927/2023 BEFORE THE
POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM
DISTRICT
ANNEXURE A2 A TRUE COPY OF THE FINAL REPORT DATED 11-3-
2024 IN FIR.NO.927/2023 BEFORE THE POZHIYOOR
POLICE STATION, THIRUVANANTHAPURAM DISTRICT
ANNEXURE A3 A TRUE COPY OF THE ORDER DATED 04/12/2024 IN
B.A. NO. 8278/2024 BEFORE THE HON'BLE HIGH
COURT OF KERALA,AT ERNAKULAM
ANNEXURE A4 A TRUE COPY OF THE ORDER IN B.A. NO.
4057/2025 BEFORE THE HONOURABLE HIGH COURT
KERALA AT ERNAKULAM DATED 27/03/2025
ANNEXURE A5 A TRUE COPY OF THE BAIL ORDER IN
CRL.M.P.NO.1353/2025 IN SC.NO.615/2024 BEFORE
THE ADDITIONAL SESSIONS COURT -V,
THIRUVANANTHAPURAM
