[Cites 2, Cited by 0]
Kerala High Court
Shibin Sha M vs State Of Kerala on 9 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
B.A.No. 13573 of 2025
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2026:KER:1332
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 9TH DAY OF JANUARY 2026 / 19TH POUSHA, 1947
BAIL APPL. NO. 13573 OF 2025
CRIME NO.581/2025 OF ELAMAKKARA POLICE STATION, ERNAKULAM
IN CRL.M.C.NO.3142/2025 OF SESSIONS COURT, ERNAKULAM DIVISION
PETITIONER/ACCUSED:
SHIBIN SHA M,
AGED 33 YEARS, S/O NOUSHAD K. M.,
SHAH MANZIL, UDAYANAPURAM P.O.,
ITHIPUZHA, VAIKOM,
KOTTAYAM DISTRICT, PIN - 686143
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
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REP. BY THE SPECIAL PUBLIC PROSECUTOR,
DISTRICT COURT,
ERNAKULAM, PIN - 682011
SRI.U.JAYAKRISHNAN-PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No. 13573 of 2025
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ORDER
Dated this the 9th day of January, 2026
The application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, by the first accused in Crime
No.581/2025 registered by the Elamakkara Police Station alleging
the commission of the offence punishable under Section 22(c) of
the Narcotic Drugs and Psychotropic Substances Act, 1985. The
petitioner was arrested and remanded to judicial custody on
02.10.2025.
2. The gist of the prosecution case is that, on 02.10.2025,
at around 04:15 hours, the accused was found in conscious
possession of 11.15 grams of MDMA. Thus, the accused has
committed the above offence.
3. I have heard Sri.P.Mohamed Sabah, the learned counsel
appearing for the petitioner and Sri.U.Jayakrishnan, the learned
Public Prosecutor.
4. The learned counsel for the petitioner submitted that
the petitioner is totally innocent of the accusations levelled against
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him. He has been falsely implicated in the crime. In any given
case, as per the chemical analysis report, the contraband is found
to be Methamphetamine. Therefore, the contraband is of an
intermediate quantity. The petitioner has been in judicial custody
for the last 99 days and is therefore, entitled to statutory bail.
Hence, the application may be allowed.
5. The learned Public Prosecutor opposed the application.
He submitted that if the petitioner is enlarged on bail, he may
commit a similar offence. Nonetheless, he fairly conceded to the
fact that, as per the chemical analysis report, the contraband is
Methamphetamine and not MDMA. Therefore, the contraband is of
an intermediate quantity.
6. On considering the facts and materials on record,
especially the fact that the petitioner has been in judicial custody
since 02.10.2025, the contraband involved in the case is now said
to be Methamphetamine, only the offence under Section 22(b) of
the NDPS Act would be attracted and further that the final report
has not been filed, I am satisfied that the petitioner is entitled to
be enlarged on bail.
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In the result, the application is allowed, by directing the
petitioner to be enlarged on bail on him executing a bond for
Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties
each for the like sum, to the satisfaction of the court having
jurisdiction, which shall be subject to the following conditions:
(i) The petitioner shall appear before the
Investigating Officer on every alternate Saturday between
9.00 am and 11.00 am till the filing of the complaint
(charge-sheet). He shall also appear before the
Investigating Officer as and when directed;
(ii) The petitioner shall not directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade
him from disclosing such facts to the court or to any
Police Officer or tamper with the evidence in any manner,
whatsoever;
(iii) The petitioner shall not commit any offence
while he is on bail;
(iv) The petitioner shall surrender his passport, if
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any, before the court below at the time of execution of
the bond. If he has no passport, he shall file an affidavit
to the effect before the court below on the date of
execution of the bond;
(v) In case of violation of any of the conditions
mentioned above, the jurisdictional court shall be
empowered to consider the application for cancellation of
bail, if any filed, and pass orders on the same, in
accordance with law.
(vi) Applications for deletion/modification of the bail
conditions shall be moved and entertained by the court
below.
Sd/-
C.S.DIAS,
JUDGE
APA
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APPENDIX OF BAIL APPL. NO. 13573 OF 2025
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF ORDER OF HON'BLE ADDITIONAL
SESSIONS COURT, ERNAKULAM IN CRL.M.C. NO.
3142/2025 DATED ON 05-11-2025
ANNEXURE A2 TRUE COPY OF FIR IN CRIME NO.581/2025 OF
ELAMAKKARA POLICE STATION
ANNEXURE A3 TRUE COPY OF ARREST MEMO IN CRIME NO.581/2025
OF ELAMAKKARA POLICE STATION
ANNEXURE A4 TRUE COPY OF JUDGMENT IN JALALUDEEN A. V.
STATE OF KERALA, 2024 (6) KHC 290
ANNEXURE A5 TRUE COPY OF JUDGMENT IN LAKSHMAN PATRA V.
STATE OF KERALA, 2025 KHC 1521
ANNEXURE A6 TRUE COPY OF JUDGMENT IN 2024 KHC 6286 PRABIR
PURKAYASTHA V. STATE (NCT OF DELHI)
ANNEXURE A7 TRUE COPY OF ‘GROUNDS OF ARREST' DATED
02.10.2025
ANNEXURE A8 TRUE COPY OF ‘ARREST INTIMATION' DATED
02.10.2025
ANNEXURE A9 TRUE COPY OF JUDGMENT IN 2025 KHC 6116 VIHAAN
KUMAR V. STATE OF HARYANA
ANNEXURE A10 TRUE COPY OF JUDGMENT IN 2025 (4) KHC SN 19
6116 KASIREDDY UPENDER REDDY V. STATE OF
ANDHRA PRADESH
ANNEXURE A11 TRUE COPY OF JUDGMENT IN SHAHINA V. STATE OF
KERALA 2025 KHC 706
ANNEXURE A12 TRUE COPY OF JUDGMENT IN 2025 KHC 1983 NAVEEN
DAS VS STATE OF KERALA
