[Cites 4, Cited by 0]
Kerala High Court
Baburaj @ Babu vs State Of Kerala on 19 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
BAIL APPL. NO. 12636 & 12933 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 19TH DAY OF JANUARY 2026 / 29TH POUSHA, 1947
BAIL APPL. NO. 12636 OF 2025
CRIME NO.717/2024 OF SHORNUR POLICE STATION, PALAKKAD
AGAINST THE JUDGMENT DATED 31.01.2025 IN BAIL APPL.
NO.1312 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED (IN CUSTODY FROM 08.11.2024):
BABURAJ @ BABU
AGED 36 YEARS
S/O RAMAN, MELEPURATHVEEDU, VADANAMKURUSSI,
SHORNUR, OTTAPALAM TALUK,
PALAKKAD DISTRICT, PIN - 679121
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
BAIL APPL. NO. 12636 & 12933 OF 2025
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RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM DISTRICT,
PIN - 682031
2 THE STATION HOUSE OFFICER
SHORNUR POLICE STATION, SHORNUR P.O,
PALAKKAD DISTRICT, PIN - 679121
OTHER PRESENT:
SRI.U.JAYAKRISHNAN, P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.01.2026, ALONG WITH BAIL APPL..12933/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 12636 & 12933 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 19TH DAY OF JANUARY 2026 / 29TH POUSHA, 1947
BAIL APPL. NO. 12933 OF 2025
CRIME NO.4/2024 OF PATTAMBI EXCISE RANGE OFFICE, PALAKKAD
PETITIONER/ACCUSED (IN CUSTODY FROM 29.01.2025):
BABURAJ
AGED 36 YEARS
S/O RAMAN, MELEPURATHVEEDU, VADANAMKURUSSI,
SHORNUR, OTTAPALAM TALUK,
PALAKKAD DISTRICT, PIN - 679121
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
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BAIL APPL. NO. 12636 & 12933 OF 2025
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2 THE EXCISE INSPECTOR
EXCISE RANGE OFFICE, PATTAMBI,
PATTAMBI P.O, PALAKKAD DISTRICT,
PIN - 679303
SRI. M.C.ASHI(SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.01.2026, ALONG WITH BAIL APPL..12636/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 12636 & 12933 OF 2025
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ORDER
The applicant in the both the applications is one and the
same. Both the applications are filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),
seeking regular bail.
2. I have heard Sri.P.Mohamed Sabah, the learned
counsel for the applicant and the learned Public Prosecutors.
Perused the case diary.
3. B.A.No.12933 of 2025 pertains to Crime No.4 of 2024
of Pattambi Excise Range Office, Palakkad District. The offences
alleged are under Sections 20(b)(ii)(B) and 22(b) of the Narcotic
Drugs and Psychotropic Substances Act, 1985.
4. The prosecution allegation therein, in short, is that, on
20/03/2024 at 7.45 pm, the applicant was found in possession of
5.150 kilograms of ganja and 38.856 grams of methamphetamine
at his house in contravention of the NDPS Act and Rules and
BAIL APPL. NO. 12636 & 12933 OF 2025
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thereby committed the offences. He was granted bail as per
Annexure-1 order in Crl.M.C.No.2873/2024. However,
thereafter, he was involved in Crime No.717/2024 and hence, the
bail granted to him in Crime No.4/2024 was cancelled and he
was re-arrested on 29/01/2025.
5. B.A.No.12636/2025 pertains to Crime No.717/2024 of
Shornur Police Station, Palakkad District. The offences alleged in
the said crime are under Section 20(b)(ii)(B) r/w Section 8(c) of
Narcotic Drugs and Psychotropic Substances Act 1985. The
prosecution allegation therein is that, on 08/11/2024 at about
9.30 am, the applicant was found in possession of 12.558
kilograms of ganja for sale in contravention of the NDPS Act and
Rules and thereby committed the offences.
6. It is true that, the offence in Crime No.717/2024 was
committed by the applicant while he was in bail in Crime
No.4/2024. However, the fact remains that, he is in custody for
the last more than one year, i.e., with effect from 08/11/2024. It
BAIL APPL. NO. 12636 & 12933 OF 2025
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is submitted that, the investigation in the said case is over, the
final report has already been filed and the case has been
numbered as SC.No.1163/2024. It is submitted that, the charge
in the said case has not been filed so far.
7. Since both the cases are of the year 2024, there is no
likelihood of disposing of the same in the near future.
Eventhough the applicant has committed similar offence,
considering the fact that he is in custody for the last more than
one year and there is no likelihood of scheduling the case for trial
in the near future, I am of the view that he can be granted bail.
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 applications are allowed on the following
conditions: -
(i) The applicant shall be released on bail on executing a
bond for Rs.1,00,000/- (Rupees One lakh only) each in each case
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with two solvent sureties for the like sum each to the satisfaction
of the jurisdictional Magistrate/Court.
(ii) The applicant shall fully co-operate with the
investigation.
(iii) The applicant shall appear before the investigating
officer between 10.00 a.m and 11.00 a.m. every Saturday until
further orders. He shall also appear before the investigating
officer as and when required.
(iv) The applicant shall not commit any offence of a like
nature while on bail.
(v) 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.
(vi) The applicant shall not leave the State of Kerala
without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of the
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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
AS
BAIL APPL. NO. 12636 & 12933 OF 2025
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APPENDIX OF BAIL APPL. NO. 12636 OF 2025
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. NO. 717/2024 OF
SHORNUR POLICE STATION, PALAKKAD
DISTRICT
ANNEXURE 2 TRUE COPY OF THE ORDER DATED 31-01-2025
IN BAIL APPL.1312/2025 ON HIGH COURT
ANNEXURE 3 TRUE COPY OF THE ORDER DATED 17.12.2024
IN CRL.M.C. NO.6452/2024 PASSED BY THE
COURT OF SESSION; PALAKKAD DIVISION
ANNEXURE 4 TRUE COPY OF THE ORDER DATED 11.04.2025
IN CRL.M.P. NO.1913/2025 IN SC
NO.1163/2024 PASSED BY THE COURT OF THE
ADDITIONAL SESSIONS JUDGE-II; PALAKKAD
BAIL APPL. NO. 12636 & 12933 OF 2025
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APPENDIX OF BAIL APPL. NO. 12933 OF 2025
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY THE ORDER DATED 24.05.2024 IN
CRL.M.C.NO. 2873/2024 PASSED BY THE
COURT OF THE SESSIONS, PALAKKAD DIVISION
ANNEXURE 2 TRUE COPY OF THE ORDER DATED 28.01.2025
IN CRL.M.P. NO. 6376/2024 IN S.C. NO.
729/2024 PASSED BY THE COURT OF THE
SESSIONS; PALAKKAD
