Citation : 2025 Latest Caselaw 10247 Ker
Judgement Date : 29 October, 2025
2025:KER:81161
B.A No.13030/2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 29TH DAY OF OCTOBER 2025 / 7TH KARTHIKA, 1947
BAIL APPL. NO. 13030 OF 2025
CRIME NO.49/2025 OF Thamarassery Excise Range Office,
Kozhikode
AGAINST THE ORDER/JUDGMENT DATED 13.10.2025 IN Bail
Appl. NO.12568 OF 2025 OF HIGH COURT OF KERALA
PETITIONER:
SHAMEER.T.P
AGED 27 YEARS
S/O MOIDEEN, KUPPARATH HOUSE, SOUTH KODUVALLY,
KODUVALLY, KOZHIKODE DISTRICT., PIN - 673001
BY ADVS.
SHRI.G.HARIHARAN
SRI.PRAVEEN.H.
SMT.K.S.SMITHA
SRI.V.R.SANJEEV KUMAR
SMT.AFNA V.P.
SHRI.V.ROHITH
RESPONDENT/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF
KERALA, ERNAKULAM ., PIN - 682031
2 EXCISE INSPECTOR
EXCISE RANGE OFFICE, THAMARASSERY, KOZHIKODE
DISTRICT, PIN - 673573
OTHER PRESENT:
ADV M K PUSHPALATHA SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:81161
B.A No.13030/2025
2
ORDER
This is an application seeking regular bail filed
under Section 483 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
2. The petitioner is the accused in Crime
No.49/2025 of Thamarassery Excise Range Office,
Kozhikode.
3. The offence alleged against the petitioner is
punishable under Section 22(b)of the Narcotic Drugs and
Psychotropic Substances (NDPS) Act, 1985 ('NDPS Act' for
short).
4. The prosecution case as narrated in order
dated 27.09.2025 in Crl.M.C No.1694/2025 reads thus:-
"On 13.09.2025 at about 3.50 P.M, the petitioner was found in conscious possession of 2.1 grams of methamphetamine at the public road, near his house bearing No.23/2014 of Koduvally Panchayat, Koduvally amsom desom, Thamarassery Taluk. The accused possessed methamphetamine in violation of the provisions 2025:KER:81161
of Section 8(c) of the NDPS Act. Thus the accused committed the above mentioned offence." [sic.]
5. The petitioner was arrested on 13.09.2025
and he has been in judicial custody since then.
6. Heard the learned counsel for the petitioner
and the learned Senior Pubic Prosecutor.
7. The learned counsel for the petitioner
submitted that the investigation is practically over and
further detention of the petitioner is not required.
8. The learned Senior Public Prosecutor
opposed the bail application.
9. I have gone through the case diary. Having
regard to the stage of the investigation and the tenure of
judicial custody undergone by the petitioner, this Court is of
the view that this is a fit case where bail can be granted to
the petitioner on conditions.
In the result, this Bail Application is allowed as
follows :
(a) The petitioner shall be released on bail on
his executing bond for Rs.50,000/- (Rupees
Fifty thousand only) with two solvent 2025:KER:81161
sureties each for the like sum to the
satisfaction of the jurisdictional court.
(b) He shall appear before the Investigating
Officer on all on Mondays and Fridays
between 10 A.M. and 11 A.M. for a period of
three months or till the final report is filed,
whichever is earlier.
(c) He shall not leave the State of Kerala
without the permission of the
jurisdictional Court.
(d) The petitioner shall surrender his
passport before the jurisdictional
Court. If the petitioner has no passport,
he shall file an affidavit to that effect.
(e) The petitioner shall not try to influence
the prosecution witnesses or attempt to
tamper with the evidence.
(f) The petitioner shall not commit any
similar offence while on bail.
2025:KER:81161
(g) If any of the bail conditions are violated
by the petitioner, the jurisdictional
Court will be at liberty to cancel the
bail, in accordance with law.
Sd/-K.BABU, JUDGE
ma/29.10.2025
/True copy/ 2025:KER:81161
APPENDIX OF BAIL APPL. 13030/2025
PETITIONER ANNEXURES
Annexure I A CERTIFIED COPY OF THE CRIME & OCCURRENCE REPORT REGISTERED IN CONNECTION WITH OCCURRENCE NO.49/2025 OF EXCISE RANGE OFFICE, THAMARASSERY REGISTERED ON 13.09.2025 BY THE 1ST RESPONDENT AND RECEIVED BY THE APPLICANT ON 14.10.2025 Annexure II A CERTIFIED COPY OF THE ORDER DATED 27.09.2025 BY THE SPECIAL JUDGE (NDPS ACT CASES) AT VADAKARA MADE IN CRL.
Annexure III A CERTIFIED COPY OF THE REMAND REPORT DATED 13.09.2025 ISSUED IN CONNECTION WITH CRIME NO.49/2025 OF EXCISE RANGE OFFICE, THAMARASSERY AND RECEIVED BY THE APPLICANT ON 14.10.2025 Annexure IV A CERTIFIED COPY OF THE ARREST MEMO DATED 13.09.2025 ISSUED IN CONNECTION WITH CRIME NO.49/2025 OF EXCISE RANGE OFFICE, THAMARASSERY AND RECEIVED ON 14.10.2025 Annexure V A TRUE COPY OF THE ORDER MADE B.A.NO.9317/2024 DATED 22.01.2025 ISSUED BY THIS HON'BLE COURT
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