Kerala High Court
Abin Tony vs State Of Kerala on 16 October, 2025
Author: K.Babu
Bench: K. Babu
2025:KER:77074
B.A No.12570 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 16TH DAY OF OCTOBER 2025 / 24TH ASWINA, 1947
BAIL APPL. NO. 12570 OF 2025
CRIME NO.217/2025 OF NEDUPUZHA POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT DATED 19.09.2025 IN Bail
Appl. NO.11797 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.4:
ABIN TONY
AGED 20 YEARS
S/O TONY, VELLARA HOUSE,
MANKODY PULLAZHI.P.O, THRISSUR DISTRICT,
PIN - 680012
BY ADVS.
SRI.P.S.BINU
SMT.K.SEENA
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA ERNAKULAM.,
PIN - 682031
ADV.PUSHPALATHA M.K -SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:77074
B.A No.12570 of 2025
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K.BABU, J.
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B.A No.12570 of 2025
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Dated this the 16th day of October, 2025
ORDER
This is an application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023.
2. The petitioner is accused No.4 in Crime No.217/2025 of
Nedupuzha Police Station. The offences alleged against the
petitioner and the other accused are punishable under Sections
22(c), 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic
Substances (NDPS) Act.
3. The prosecution case is that on 06.03.2025 at about
21.50 hrs the petitioner and the other accused were found in
possession of 69.85 grams of MDMA and 3.942 kilograms of ganja in
a rented house near Nedupuzha Christian Church.
4. The petitioner was arrested on 06.03.2025 and he has been
in judicial custody since then.
5. Heard the learned counsel for the petitioner and the
2025:KER:77074
learned Public Prosecutor.
6. The learned counsel for the petitioner submitted that the
petitioner is entitled to be released on bail for the reason that the
grounds of arrest were not intimated him. It is submitted that this is
in violation of Article 22(1) of the Constitution. The learned counsel
for the petitioner relied on Vihaan Kumar v. State of Haryana (AIR
2025 SC 1388), Shahina v. State of Kerala (2025 KHC Online 706) and
also on Kasireddy Upender Reddy v. State of Andhra Pradesh and
Others (2025 SCC OnLine SC 1228) to substantiate his contentions.
7. The learned counsel for the petitioner further submitted
that accused Nos.2 and 3 in the crime are granted bail by the
learned Sessions Judge highlighting the reason that the grounds of
arrest were not intimated to the accused at the time of detention.
8. The learned Public Prosecutor opposed the bail plea of the
petitioner contending that there are materials to show that the
petitioner was arrested along with the contraband.
9. I have gone through the case diary. It appears that the
grounds of arrest were not specifically informed to the petitioner.
2025:KER:77074
As accused No.1 was granted bail based on the fact that the
grounds of arrest were not informed to him, I am of the view that
the petitioner is also entitled to be released on bail.
In the result, the Bail Application is allowed as follows:
(a) The petitioner shall execute bond for
Rs.75,000/- (Rupees Seventy Five Thousand Only)
each with two solvent sureties each for the like
sum to the satisfaction of the jurisdictional court.
(b) The petitioner shall appear before the
Investigating Officer on all Mondays and Fridays
between 10 A.M. and 11 A.M. till the final report is
filed.
(c) The petitioner shall surrender his passport
before the jurisdictional court. If he has no
passport, the petitioner shall file an affidavit to
that effect.
(d) The petitioner shall not leave State of Kerala
without the permission of the jurisdictional court.
2025:KER:77074
(e) The petitioner shall not commit any other
offence while on bail.
(f) The petitioner shall not try to influence the
prosecution witnesses or attempt to tamper with
the evidence.
(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
SMF
2025:KER:77074
APPENDIX OF BAIL APPL. 12570/2025
PETITIONER ANNEXURES
Annexure I COPY OF THE ORDER IN CRL.M.P
NO.4361/2025 OF THE COURT OF SESSION,
THRISSUR DATED 10.09.2025
Annexure II COPY OF THE BAIL APPLICATION IN CRL.M.P
NO.5544/2025 OF THE COURT OF SESSION,
THRISSUR DATED 20.09.2025
Annexure III COPY OF THE ORDER IN CRL.M.P
NO.5544/2025 OF THE COURT OF SESSION,
THRISSUR DATED 04.10.2025
Annexure IV COPY OF THE COMMON ORDER IN CRL.M.P
NO.3737/2025 AND CRL.M.P NO.3958/2025
OF THE COURT OF SESSION, THRISSUR DATED
12.08.2025
