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Kerala High Court
Yellishetti Raju @ Raju Yelli Shetti vs State Of Kerala on 3 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:8896
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 3RD DAY OF FEBRUARY 2026 / 14TH MAGHA, 1947
BAIL APPL. NO. 14275 OF 2025
CRIME NO.12/2020 OF ETTUMANOOR EXCISE RANGE OFFICE, KOTTAYAM
AGAINST THE ORDER DATED 29.05.2025 IN BAIL APPL. NO.6446 OF
2025 OF HIGH COURT OF KERALA
PETITIONER:
1 YELLISHETTI RAJU @ RAJU YELLI SHETTI
AGED 49 YEARS
S/O SURI BABU, 2-60, NAYAPURATHALA STREET,
MANYAPURATHALA VILLAGE, NATHAVARAM MANDALAM,
VISHAKAPATTANAM DISTRICT, ANDHRA PRADESH, PIN - 531115
BY ADVS.
SHRI.P.CHANDY JOSEPH
SHRI.AMAL SUDHAKARAN
RESPONDENT/STATE:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
ETTUMANOOR EXCISE RANGE OFFICE,KOTTAYAM DISTRICT, PIN -
686631
SRI.K.A. NOUSHAD, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.14275 of 2025
-2-
2026:KER:8896
ORDER
This application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking
regular bail.
2. The applicant is the accused No.9 in Crime
No.12/2020 of Ettumanoor Excise Range Office, Kottayam
District now pending as S.C. No.56/2024 before the Special
Court for NDPS Act Cases, Thodupuzha. The offences alleged
are punishable under Sections 20(b)(ii)(C), 25, 27A and 29 of
the Narcotic Drugs and Psychotropic Substances Act, 1985 (for
short, NDPS Act).
3. The prosecution case, in short, is that the accused
Nos.1 and 2 were found in possession of 62.5 kilograms of
ganja concealed inside a lorry transporting NCERT textbooks in
contravention of the provisions of NDPS Act. As against the
applicant, the allegation is that he hatched criminal conspiracy
with the other accused in the case for illicit traffic of commercial
quantity of ganja and thereby committed the above offences.
4. I have heard Sri.P.Chandy Joseph, the learned
counsel for the applicant and Sri.K.A.Noushad, the learned
2026:KER:8896
Senior Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted that
the applicant is innocent and has been falsely implicated in the
present case. The counsel further submitted that no materials
are on record to connect the applicant with the alleged crime;
hence, he is entitled to bail. On the other hand, the learned
Senior Public Prosecutor submitted that the alleged incident
occurred as a part of the intentional criminal acts of the
applicant, and he is not entitled to bail at this stage.
6. The applicant is in judicial custody since 12.11.2024.
Altogether there are ten accused. All the remaining accused
except the applicant faced trial before the Special Court for
NDPS Cases, Thodupuzha in S.C. (NDPS) 46/2021. The Special
Court convicted accused Nos.1 and 2 and acquitted accused
Nos.3 to 8 and 10. Since the applicant was absconding, the
case as against him was split up and later on refiled as S.C.
No.56/2024. The learned Senior Public Prosecutor made
available to me a copy of the judgment in S.C. No.46/2021.
Point Nos.9 and 11 raised in the said judgment are as follows:
"9. Did the accused no.1 to 8 and 10 along
with accused no.9 who is not arrested
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indulge in financing for illicit traffic of ganja
by contributing money?"
"11. Had the accused no.1 to 8 and 10
hatched criminal conspiracy to illicit
transport of ganja?"
In paragraph No.54 of the judgment, the Special Court found
point Nos.9 and 11 against the prosecution. The allegation of
conspiracy and financing for illicit trafficking of contraband by
contributing money was found to be not proved. Admittedly, the
contraband was not seized from the possession of the applicant.
It was seized from the possession of accused Nos.1 and 2. The
allegation against the applicant is that he hatched conspiracy
with the accused and also financed for procuring the
contraband. Since the Special Court has already found on those
points in favour of the accused Nos.8 and 10 who stand in the
same footing as that of the applicant, I am of the view that the
rigor of Section 37 of the NDPS Act cannot be applied in this
case. For these reasons, I do not find any reason to hold that
the continued detention of the applicant is required for any
purpose. Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following
conditions: -
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(i) The applicant shall be released on bail on executing a
bond for Rs.1,00,000/- (Rupees One lakh only) with two
solvent sureties for the like sum each to the satisfaction of the
jurisdictional Magistrate/Court.
(ii) The applicant shall not commit any offence of a like
nature while on bail.
(iii) The applicant shall not attempt to contact any of the
prosecution witnesses, directly or through any other person, or
in any other way try to tamper with the evidence or influence
any witnesses or other persons related to the investigation.
(iv) The applicant shall not leave the State of Kerala
without the permission of the trial Court.
(v) The application, if any, for deletion/modification of the
bail conditions or cancellation of bail on the grounds of violating
the bail conditions shall be filed at the jurisdictional court.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
SKP
2026:KER:8896
APPENDIX OF BAIL APPL. NO. 14275 OF 2025
PETITIONER'S ANNEXURES:
Annexure A1 TRUE PHOTOCOPY OF THE ORDER DATED
15.02.2025 IN CRL. M C NO.36/2025 THE
SPECIAL JUDGE FOR NDPS ACT CASES,
THODUPUZHA
Annexure A2 TRUE PHOTOCOPY OF THE ORDER DATED
20.03.2025 IN B A .NO.3659/2025 OF THIS
HON'BLE HIGH COURT OF KERALA
Annexure A3 TRUE PHOTOCOPY OF THE ORDER DATED
23.04.2025 IN CRL.M.C.NO.80/2025 OF THE
SPECIAL JUDGE FOR NDPS ACT CASES,
THODUPUZHA
Annexure A4 TRUE PHOTOCOPY OF THE ORDER DATED
29.05.2024 IN B.A.NO.6446/2025 OF THE
HON'BLE HIGH COURT OF KERALA
Annexure A5 TRUE PHOTOCOPY OF THE ORDER DATED
03.09.2025 IN CRL. M C NO.179/2025 OF THE
HON'BLE SPECIAL COURT FOR NDPS ACT CASES,
THODPUPUZHA
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
