Kerala High Court
Ramesh Kumar vs State Of Kerala on 9 October, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:74671
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 9TH DAY OF OCTOBER 2025 / 17TH ASWINA, 1947
BAIL APPL. NO. 12389 OF 2025
CRIME NO.825/2025 OF PEROORKADA POLICE STATION,
THIRUVANANTHAPURAM AGAINST THE ORDER/JUDGMENT IN SC NO.1778 OF
2025 OF ASSISTANT SESSIONS COURT/II ADDITIONAL SUB COURT/II
ADDL.COMMERCIAL COURT, THIRUVANANTHAPURAM.
PETITIONER:
RAMESH KUMAR.,
AGED 42 YEARS,
S/O.SASI, UTHRAM, KULAKODU, VELLANADU P.O,
THIRUVANANTHAPURAM, PIN - 695 543.
BY ADVS.
SRI.PIRAPPANCODE V.S.SUDHIR
SMT.MARY KUNJU JOHN
SHRI. AKASH S.
SHRI. GIRISH KUMAR M S
SMT.RICHU THERESA ROBERT
RESPONDENT:
STATE OF KERALA.,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
(SUB INSPECTOR OF POLICE PEROORKADA POLICE STATION,
THIRUVANANTHAPURAM), PIN - 682 031.
SMT. SREEJA V., PP
Bail Appl. No.12389 of 2025
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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. No.12389 of 2025
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BECHU KURIAN THOMAS., J
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Bail Appl. No.12389 of 2025
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Dated this the 9th day of October, 2025
ORDER
This bail application is filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the first accused in Crime No.825 of
2025 of Peroorkada Police Station, Thiruvananthapuram,
registered for the offences punishable under Sections 22(c), 25
and 29 of the Narcotic Drugs and Psychotropic Substances Act,
1985 (for short 'NDPS Act')
3. According to the prosecution, on 19.06.2025, accused
was found in possession of 46.04 grams of MDMA while
transporting it in a car bearing registration No.KL-25-L-3709 and
thereby committed the offences alleged. Petitioner was arrested
on 20.06.2025, 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 contended that
the prosecution allegations are false and that since petitioner had
been in custody from 20.06.2025, he ought to be released on bail.
6. The learned Public Prosecutor opposed the bail
2025:KER:74671
application and submitted that petitioner is involved in 16 other
crimes. It was also submitted that, though initially, the
contraband was identified as MDMA, after chemical analysis it
was found that the same was methamphetamine and therefore
the provision has been altered from 22(c) to 22(b) of the NDPS
Act, alleging possession of intermediate quantity of contraband.
7. Since the nature of contraband seized is found to be
methamphetamine and the quantity of 46.04 grams falls under
the category of intermediate quantity, the rigour under Section
37 of the NDPS Act does not apply. Though the learned Public
Prosecutor pointed out that the petitioner is involved in 16 other
crimes, considering the nature of contraband and also the period
of custody already undergone by him, I am of the view that
further detention is not necessary.
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 appear before the Investigating Officer
as and when required.
(c) Petitioner shall not intimidate or attempt to influence
the witnesses; nor shall he tamper with the evidence.
(d) Petitioner shall not commit any similar offences while
he is on bail.
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(e) Petitioner 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 law, notwithstanding the bail having been granted by this
Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ADS
2025:KER:74671
APPENDIX OF BAIL APPL. 12389/2025
PETITIONER ANNEXURES
Annexure I THE CERTIFIED COPY OF HIS ARREST MEMO IN
CRIME NO.825/2025 OF PEROORKADA POLICE
STATION.
Annexure II THE CERTIFIED COPY OF THE ARREST INTIMATION
PREPARED BY THE SUB INSPECTOR OF POLICE,
PEROORKADA POLICE STATION.
Annexure III THE TRUE COPY OF THAT ORDER DATED
18.09.2025 OF THE ADDITIONAL SESSIONS
JUDGE-II, THIRUVANANTHAPURAM IN CRL.M.P.NO.
3776/2025.
