Kerala High Court
Suneesh vs State Of Kerala on 13 June, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 7406 OF 2025
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2025:KER:42006
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. 7406 OF 2025
CRIME NO.2264/2024 OF ANGAMALI POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED 05.03.2025 IN Bail Appl.
NO.2836 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.2:
SUNEESH, AGED 23 YEARS
S/O DAS, PANICKANMAVUDI (H),
MANNAMKALA, ADIMALY VILLAGE,
IDUKKI., PIN - 685 561.
BY ADVS.
SRI.M.VIVEK
SMT.RENEETA VINU
RESPONDENT/COMPLAINANT :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
SRI. NOUSHAD K.A. (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. 7406 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.7406 of 2025
...................................................
Dated this the 13th day of June, 2025
ORDER
This bail application is filed under Section 482 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the second accused in Crime No.2264/2024 of Kottiyam
Police Station, Kollam, registered for the offences punishable under
Sections 22(c), 8(c) and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 [for short, 'NDPS Act'], which is now pending as
S.C.No.468/2025 on the files of the Additional Sessions Court-I, North
Paravur.
3. The prosecution case is that, on 18.10.2024, accused 1 to 3 were found
transporting 328 gms. of Methamphetamine and 8.4 gms. of MDMA pills,
in a jeep bearing registration No.KL-67/D-6179, and thereby committed
the offences alleged. Petitioner was arrested on 18.10.2024 and has been
in custody since then.
4. Heard the learned counsel for the petitioner as well as the learned Public
Prosecutor.
5. It is vehemently submitted by the learned counsel for the petitioner that
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since no contraband was seized from the petitioner, he cannot be
implicated as an accused in the crime and hence ought to be released on
bail.
6. The learned Public Prosecutor opposed the bail application.
7. The circumstances prima facie reveal that the three accused had taken a
room in a hotel and stayed in the same room. A quantity of 328 gms. of
Methamphetamine was seized from the car, including a portion from the
wallet of the third accused. Though it was pointed out that petitioner has
no antecedents, the first accused has antecedents under the NDPS Act.
Considering the fact that the accused were travelling together and a
huge quantity of contraband was seized from the vehicle itself, I am of
the view that the rigour under Section 37 of NDPS Act will apply.
8. As observed by the Supreme Court in State of Kerala and Others v.
Rajesh and Others [(2020) 12 SCC 122], the scheme of section 37
requires that the power to grant bail under the NDPS Act is subject to the
limitation placed in the said provision over and apart from the restrictions
under the procedural law and the twin conditions stipulated therein are
required to be satisfied. Further, in the decision in Narcotics Control
Bureau V. Mohit Aggarwal [(2022) 18 SCC 374], it has been observed
that the focus must be on the availability of reasonable grounds to
believe that the accused is not guilty of the offence alleged against and
also that he is unlikely to commit an offence under the Act. The Supreme
Court went on to observe that the length of the period of custody or that
the charge had been filed or even that the trial has commenced by
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themselves are not considerations that can be treated as persuasive to
grant bail under section 37 of the NDPS Act.
9. Considering the nature of allegations against the petitioner, the rigour
under Section 37 of NDPS Act, cannot be said to have been diluted.
Accordingly, this is not a fit case to release the petitioner on bail, and
hence, it is dismissed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/13/06/2025
BAIL APPL. NO. 7406 OF 2025
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APPENDIX OF BAIL APPL. 7406/2025
PETITIONER ANNEXURES
ANNEXURE-A1 TRUE COPY OF THE FINAL REPORT IN CRIME NO:
2264 OF 2024 OF ANGAMALY POLICE STATION DATED
19-10-2025
ANNEXURE-A2 TRUE COPY OF THE CERTIFICATE ISSUED FROM
SUNRISE HOSPITAL, KAKKANAD DATED 05-12-2024
ANNEXURE-A3 TRUE COPIES OF THE TREATMENT OF THE
PETITIONER'S MOTHER AT VARIOUS HOSPITALS
ANNEXURE-A4 TRUE COPY OF THE BAIL ORDER IN
CRL.M.P.NO.1356 OF 2025 DATED 22-05-2025
