Kerala High Court
Ajinas vs State Of Kerala on 13 June, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 7317 OF 2025
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2025:KER:41819
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 13TH DAY OF JUNE 2025 / 23RD JYAISHTA, 1947
BAIL APPL. NO. 7317 OF 2025
CRIME NO.53/2023 OF VADAKARA EXCISE RANGE OFFICE, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED 30.08.2024 IN BAIL APPL.
NO.6358 OF 2024 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.2:
AJINAS, AGED 29 YEARS
S/O ASSAINAR, KANJIPARAMBATH HOUSE,
PALAYAD, CHELLATUPOYIL,
VADAKARA, KOZHIKODE, PIN - 673 521.
BY ADVS.
SRI.P.JERIL BABU
SHRI.SRINATH GIRISH
SMT.PRASUDHA.S
RESPONDENT/STATE :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.06.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 7317 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.7317 of 2025
...................................................
Dated this the 13th day of June, 2025
ORDER
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 O.R.No.53/2023 of Vatakara Excise
Range Office, Kozhikode; registered for the offences punishable under
Sections 20(b)(ii)(C) r/w Section 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for short 'the NDPS' Act'), which is
now pending as S.C.No.73/2024 on the files of the Special Court (NDPS
Act Cases), Vatakara.
3. The prosecution case is that, on 19.11.2023, the petitioner transported
42 Kg. of ganja in a lorry bearing registration No.KL-77-C-8691 and thus
committed the offences alleged.
4. Heard the learned counsel for the petitioner as well as the learned Public
Prosecutor.
5. The learned counsel for the petitioner submitted that the allegations
against the petitioner are totally false, and therefore, petitioner ought to
be released on bail. It was further submitted that petitioner was
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arrested on 11.01.2024 and he has been in custody since then.
6. The learned Public Prosecutor, opposed the bail application and
submitted that, the allegations are serious in nature, and therefore,
petitioner ought not to be released on bail. It was also submitted that
petitioner was involved in two other crimes.
7. Petitioner was arrested on 11.01.2024 and has been in custody since
then. The role attributed to the petitioner involves financing and
procurement of contraband from Odisha and other places. The first
accused, from whose possession the contraband was seized, was
arrested on 19.11.2023 and he was released on 21.04.2025 by the trial
court itself after observing that it was not possible to conclude the trial in
the next few months.
8. Petitioner though stands on a different footing from the first accused
especially since he is alleged to have financed the procurement of
contraband from different locations, and petitioner's role has been
brought out during investigation. The allegations are p rima facie
serious, and there are materials to connect the petitioner with the crime.
However, since the first accused, from whose possession the contraband
has been seized, has already been released and the petitioner has been
continuing in jail for more than 1 ½ years i.e., from 11.01.2024, I am of
the view that the said benefit ought to be extended to the petitioner also.
The rigour under Section 37 of the Act stands diluted to that extent in
view of the principle under Article 21 of the Constitution of India. Parity
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between the accused ought to be maintained as far as possible, and
therefore, I deem it appropriate to release the petitioner on bail.
9. 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.
(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/13/06/2025
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APPENDIX OF BAIL APPL. 7317/2025
PETITIONER ANNEXURES
ANNEXURE 1 A TRUE COPY OF THE CRIME AND OCCURRENCE
REPORT IN NDPS CR.NO. 53/2023 OF EXCISE
ENFORCEMENT & ANTI NARCOTIC SPECIAL SQUAD,
KOZHIKODE
ANNEXURE 2 A TRUE COPY OF THE COURT CHARGE IN NDPS
ANNEXURE 3 A TRUE COPY OF THE ORDER IN C.M.P. NO.
558/2025 IN S.C. NO. 73/2024 OF THE SPECIAL
COURT (NDPS ACT CASES), VADAKARA DATED 21-04-
ANNEXURE 4 A TRUE COPY OF THE UNNUMBERED CMP IN S.C.
73/2024 FILED BEFORE THE SPECIAL JUDGE
(N.D.P.S. ACT CASES), VADAKARA DATED 22-04-
