Kerala High Court
Shibin K.Varghese vs State Of Kerala on 19 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
Bail Appl. No.11759 of 2025
2025:KER:70061
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 19TH DAY OF SEPTEMBER 2025 / 28TH BHADRA, 1947
BAIL APPL. NO. 11759 OF 2025
CRIME NO.671/2023 OF Vadakkancherry Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED 19.02.2025 IN Bail
Appl. NO.2098 OF 2025 OF HIGH COURT OF KERALA
PETITIONER:
SHIBIN K.VARGHESE,
AGED 28 YEARS
S/O.BINU K. VARGHESE, KAICHIRA HOUSE, KARIYODE,
OTTAPALAM TALUK, PALAKKAD., PIN - 678572
BY ADVS.
SRI.SAM ISAAC POTHIYIL
SMT.S.SURAJA
SHRI.MUHAMMED SUHAIR C.A
SHRI.ABHILASH C.V.
SMT.SETHULAKSHMI R.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY, PIN - 682031
2 THE STATION HOUSE OFFICER,
VADAKKANCHERY POLICE STATION, PALAKKAD DISTRICT,,
PIN - 680582
Bail Appl. No.11759 of 2025
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SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.11759 of 2025
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BECHU KURIAN THOMAS, J
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Bail Appl. No.11759 of 2025
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Dated this the 19th day of September, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the third accused in Crime No.671 of 2023 of
Vadakkancherry Police Station, Palakkad, registered for the offences
punishable under sections 22(b), 27A and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for short 'NDPS Act').
3. According to the prosecution, on 02.07.2023, accused was
found to be in possession of 42.710 grams of MDMA and thereby
committed the offences as alleged. Petitioner was initially arrested on
18.08.2023 and was released on bail on 26.10.2023. However,
subsequently, in violation of the conditions of bail, he committed other
offences and therefore, bail was cancelled and he was arrested on
25.10.2024, 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 25.10.2024, and hence further
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detention is not necessary.
6. The learned Public Prosecutor opposed the bail application
and submitted that petitioner is involved in many other crimes.
7. Petitioner was initially involved in the present crime (Crime
No.671 of 2023 of Vadakkancherry Police Station, Palakkad) and had
obtained bail. However, since he committed a similar offence in
violation of the conditions imposed, his bail was cancelled. After
cancellation of his bail, he was arrested on 25.10.2024 and he now
seeks liberty.
8. The learned Public Prosecutor pointed out that the
petitioner is involved in Crime No.9 of 2017 of Vorli Police Station,
Crime No.141 of 2023, Crime No.127 of 2024, Crime No.129 of 2023
and Crime No.183 of 2023, all of Malamppuza Police Station, apart
from Crime No.30 of 2023 of Agali Police Station. It was also pointed
out that out of the above six criminal antecedents, except for Crime
No.183 of 2023, all other crimes relate to offences under the NDPS Act.
9. Even though the criminal antecedents of the petitioner stare at
the petitioner, considering the circumstance that petitioner has already
been granted bail in the present crime, and he has undergone almost
330 days of incarceration after cancellation of his bail for violating the
conditions of bail, I am of the view that further detention is not
necessary. However, considering his antecedents, strict conditions have
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to be imposed.
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
between 10.00 am and 11.00 am on the fourth Saturday of
every month until conclusion of trial.
(c) Petitioner shall co-operate with the trial of the case.
(d) Petitioner shall not intimidate or attempt to influence the
witnesses; nor shall he attempt to tamper with the evidence.
(e) Petitioner shall not commit any similar offences while he
is on bail.
(f) Petitioner shall not leave the State of Kerala 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 pass appropriate orders in accordance with law,
notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Saap
2025:KER:70061
APPENDIX OF BAIL APPL. 11759/2025
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE ORDER DATED
08.07.2025 IN CRL.M.P NO 4013/2025 PASSED
BY THE III ADDITIONAL DISTRICT AND
SESSIONS COURT PALAKKAD
//True copy//PA to Judge
