Kerala High Court
Anees Mon vs State Of Kerala on 16 June, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:42348
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 16TH DAY OF JUNE 2025/26TH JYAISHTA, 1947
BAIL APPL. NO. 7369 OF 2025
CRIME NO.604/2022 OF HARIPPAD POLICE STATION,
ALAPPUZHA AGAINST THE ORDER/JUDGMENT IN SC NO.709 OF 2023 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - III/ ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL-II, MAVELIKKARA.
PETITIONER:
ANEES MON,
AGED 25 YEARS,
S/O MUJEEB RAHMAN, MATHAKKAL HOUSE,
EAST OTTAPALAM, PALAKKAD DISTRICT,
PIN - 679 101.
BY ADVS.
SRI.P.MOHAMED SABAH
SRI.LIBIN STANLEY
SMT.SAIPOOJA
SRI.SADIK ISMAYIL
SMT.R.GAYATHRI
SRI.M.MAHIN HAMZA
SHRI.ALWIN JOSEPH
SHRI.BENSON AMBROSE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
Bail Appl. No.7369 of 2025
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2 THE STATION HOUSE OFFFICER,
HARIPAD POLICE STATION, HARIPAD P.O,
ALAPPUZHA DISTRICT, PIN - 690 514.
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.7369 of 2025
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BECHU KURIAN THOMAS, J.
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Bail Appl. No.7369 of 2025
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Dated this the 16th 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 fourth accused in Crime No.604 of 2022 of
Haripad Police Station, Alappuzha, registered for the offences
punishable under sections 22(b), 8(c) and 29 of the Narcotic Drugs and
Pscyhotropic Substances Act, 1985 (for short "NDPS Act').
3. The prosecution case is that on 18.08.2022 the first accused
was found in possession of 12.530 grams of methamphetamine kept for
the purpose of sale and thereby committed the offences alleged.
Petitioner was arrested on 04.12.2024 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 submitted that the
petitioner has been in custody since 04.12.2024 and further detention is
not necessary.
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6. The learned Public Prosecutor pointed out that the
petitioner is involved in three other offences of a similar nature of which
two are under the NDPS Act.
7. Petitioner is alleged to have been involved in an offence
under Section 22(b) of the NDPS Act. Since the quantity of contraband
seized from the petitioner falls in the category of intermediate quantity,
the rigour under Section 37 will not apply. Having regard to the period
of detention already undergone by the petitioner and the quantity
seized, further detention is not necessary. Moreover, final report has
also been filed in the instant case.
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 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
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pass appropriate orders in accordance with law, notwithstanding the
bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ADS
2025:KER:42348
APPENDIX OF BAIL APPL. 7369/2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO. 604 OF 2022 OF HARIPAD
POLICE STATION, ALAPPUZHA DISTRICT.
Annexure 2 TRUE COPY OF THE ORDER DATED 30.04.2025
IN CRL.M.P NO. 460/2025 ON THE FILE OF
HONOURABLE ADDITIONAL SESSIONS COURT-II,
KALPETTA.
Annexure 3 TRUE COPY OF THE ORDER DATED 18.01.2023
IN CRL.M.P NO. 106/2023 PASSED BY THE
HONOURABLE SESSIONS COURT, ALAPPUZHA,
GRANTING BAIL TO THE ACCUSED NO.1.
Annexure 4 TRUE COPY OF THE ORDER DATED 19.01.2023
IN CRL.M.P NO. 184/2023 PASSED BY THE
HONOURABLE SESSIONS COURT, ALAPPUZHA
GRANTING BAIL TO THE ACCUSED NO.3.
Annexure 5 TRUE COPY OF THE ORDER DATED 27.01.2025
IN B.A. NO. 994/2025 PASSED BY THIS
HONOURABLE COURT, GRANTING BAIL TO THE
ACCUSED NO.5.
Annexure 6 TRUE COPY OF THE ORDER DATED 04.03.2025
IN B.A. NO. 1971/2025 PASSED BY THIS
HONOURABLE COURT, GRANTING BAIL TO THE
ACCUSED NO.5.
