Kerala High Court
Alvin Riby vs State Of Kerala on 6 October, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:73469
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 6TH DAY OF OCTOBER 2025 / 14TH ASWINA, 1947
BAIL APPL. NO. 11767 OF 2025
CRIME NO.1053/2025 OF KALAMASSERY POLICE STATION, ERNAKULAM
AGAINST THE ORDER DATED 01.09.2025 IN BAIL APPL. NO.10274
OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.1 (IN CUSTODY FROM 12.08.2025):
ATHUL M.B
AGED 20 YEARS
S/O BAIJU, MADATHINKAL HOUSE, PERUMTHURUTHI,
S.L.PURAM P.O, KANJIKUZHI, MARARIKULAM NORTH,
ALAPPUZHA DISTRICT., PIN - 688523.
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/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM DISTRICT, PIN - 682031
2 THE STATION HOUSE OFFICER
KALAMASSERY POLICE STATION, KALAMASSERY P.O,
ERNAKULAM DISTRICT, PIN - 682033.
PP--SREEJA.V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.10.2025, ALONG WITH Bail Appl.11788/2025, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
B.A. Nos. 11767 & 11788 of 2025 2
2025:KER:73469
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 6TH DAY OF OCTOBER 2025 / 14TH ASWINA, 1947
BAIL APPL. NO. 11788 OF 2025
CRIME NO.1053/2025 OF KALAMASSERY POLICE STATION, ERNAKULAM
AGAINST THE ORDER DATED 10.09.2025 IN BAIL APPL. NO.10271 OF
2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.2:
ALVIN RIBY
AGED 21 YEARS
S/O RIBI SEBASTIAN, UMMIKUZHIYIL HOUSE, ALOOR,
THRISSUR DISTRICT, PIN - 680663.
BY ADVS.
SHRI.SUNEESH KUMAR R.
SRI.B.BIPIN
SMT.K.J.ANITHA
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF
KERALA ERNAKULAM, PIN - 682031.
2 THE STATION HOUSE OFFICER
KALAMASSERRY POLICE STATION, ERNAKULAM DISTRICT, PIN
- 682021.
PP-SREEJA.V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.10.2025, ALONG WITH Bail Appl.11767/2025, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
B.A. Nos. 11767 & 11788 of 2025 3
2025:KER:73469
BECHU KURIAN THOMAS, J.
......................................................
B.A. Nos. 11767 & 11788 of 2025
......................................................
Dated this the 06th day of October, 2025
COMMON ORDER
These bail applications are filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioners in these two bail applications are accused 1 and
2 respectively in Crime No.1053 of 2025 of Kalamassery Police Station,
Ernakulam, registered alleging offences punishable under Sections
22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act,
1985 (for short 'the NDPS' Act').
3. According to the prosecution, on 12.08.2025, at 06:05
p.m., the accused were found in possession of 10.540 grams of MDMA,
and thereby committed the offences alleged. Both the petitioners were
arrested on 12.08.2025. By order dated 10.09.2025, the petitioner in
B.A. No. 11788 of 2025, i.e., the second accused, was released after it
was noticed that the grounds for arrest were not communicated to him.
However, immediately upon his release, he was again arrested, since
this Court had observed that his arrest was vitiated due to the failure to
communicate the grounds for arrest and thereafter, he has been in
custody from 11.09.2025 onwards.
4. Though the crime was initially registered alleging that the
petitioners were found in possession of a commercial quantity of
2025:KER:73469
contraband in the nature of MDMA, subsequently, after chemical
analysis, it has been found that they were in possession of
methamphetamine and not MDMA. Therefore, the quantity is now found
to be less than commercial quantity. The charge has therefore been
altered to Section 22(b) of the NDPS Act instead of Section 22(c) of the
Act.
5. I have heard the respective learned Counsel for the petitioners
as well as the learned Public Prosecutor.
6. The respective learned Counsel for the petitioners contended
that the prosecution allegations are false and that, since the first
accused has been in custody from 12.08.2025 and the second accused
has been in custody from 12.08.2025 till 11.09.2025 and again from
11.09.2025 till date, they ought to be released on bail.
7. The learned Public Prosecutor opposed the bail application.
8. Since the nature of contraband seized is found to be
methamphetamine and the quantity of 10.540 grams falls under the
category of intermediate quantity, the rigour under Section 37 of the
NDPS Act does not apply. As the first accused has been in custody from
12.08.2025 while the second accused has been in custody from
12.08.2025 till 11.09.2025 and again from 11.09.2025 till date and as
there is no possibility of an immediate trial, I am of the view that their
further detention is not necessary. Therefore, the petitioners ought to
be released on bail.
2025:KER:73469
9. In the result, these applications are allowed on the following
conditions:-
(a) Petitioners shall be released on bail on them executing a
bond for Rs.50,000/- (Rupees fifty thousand only) each with
two solvent sureties each for the like sum to the satisfaction
of the court having jurisdiction.
(b) Petitioners shall appear before the Investigating Officer
as and when required.
(c) Petitioners shall not intimidate or attempt to influence
the witnesses; nor shall they tamper with the evidence.
(d) Petitioners shall not commit any similar offences while
they are on bail.
(e) Petitioners shall not leave India without the permission of
the Court having jurisdiction.
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 the law, notwithstanding
the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
mea
2025:KER:73469
APPENDIX OF BAIL APPL. 11767/2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 1053/2025 OF
KALAMASSERY POLICE STATION, ERNAKULAM
DISTRICT
2025:KER:73469
APPENDIX OF BAIL APPL. 11788/2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR IN CRIME NO. CRIME
NO. 1053/2025 OF THE KALAMASSERY POLICE
STATION, ERNAKULAM DISTRICT
Annexure A2 TRUE COPY OF THE S.R.O.NO.434/2024 DATED
14.03.2024
Annexure A3 TRUE COPY OF THE S.R.O.NO.470/2025 DATED
23.04.2025
Annexure A4 TRUE COPY OF THE JUDGMENT IN STATE OF
RAJASTHAN V. JAG RAJ SINGH @ HANSA,
REPORTED IN AIR 2016 SC 3041
Annexure A5 TRUE COPY OF THE ORDER DATED 10.09.2025
IN B.A. NO. 10271/2025 OF THIS HON'BLE
COURT
