[Cites 7, Cited by 0]
Kerala High Court
Shameer. K.J vs State Of Kerala on 21 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.14453/2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 21ST DAY OF JANUARY 2026 / 1ST MAGHA, 1947
BAIL APPL. NO. 14453 OF 2025
CRIME NO.575/2025 OF Palluruthy Police Station, Ernakulam
PETITIONER/S:
SHAMEER. K.J, AGED 40 YEARS, S/O A.K JABBAR,
PERMANENTLY RESIDING AT KANADATHIL PARAMBU, K.M.P
NAGAR PALLURUTHY, PIN - 682006
BY ADVS. SRI.R.O.MUHAMED SHEMEEM
SMT.NASEEHA BEEGUM P.S.
SMT.ABIDHA M.A.
SMT.VIRONICA VINCY P.B.
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
SRI.M.C.ASHI, SR. PP.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.14453/2025
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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.4 in Crime
No.575/2025 of Palluruthy Kasaba Police Station, Ernakulam
District. The offences alleged are punishable under Sections
22(b), 29(1) and 8(c) of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short, the NDPS Act).
3. The prosecution case, in short, is that the
accused No.1 was found in possession of 23.30 gms of
Methamphetamine which was supplied to him by the accused
No.2. The accused No.3 is the wife of the accused No.2. The
allegation against the applicant is that he financed the accused
Nos. 1 and 2 to procure the contraband.
4. I have heard Sri. R.O. Muhamed Shemeed, the
learned counsel for the applicant and Sri. M.C. Ashi, the learned
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
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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 was remanded to judicial custody
on 20.11.2025. The investigation is almost over. It is true that
the applicant is involved in another case registered as Crime
No.900/2023 of Palluruthy Police Station, Ernakulam for the
offences punishable under Sections 20(b)(ii)(C), 8(c), 25, 27A
and 29(1) of the NDPS Act. The applicant is the accused No.18
in the said case and he is on bail. No contraband was seized
from his possession in that case. The only allegation against the
applicant in that case is that he assisted the prime accused in
transporting the contraband article. 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: -
(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.
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(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 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
kp
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APPENDIX OF BAIL APPL. NO. 14453 OF 2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE NOTICE TO INFORM THE
ARRESTEE OF THE GROUNDS AND REASONS FOR
ARREST U/S 47 & 35(1)(B)(II) OF
BNSS, DATED 20/11/2025
Annexure A2 A TRUE COPY OF THE ARREST INTIMATION,
DATED 20/11/2025
Annexure A3 A TRUE COPY OF THE FIR IN CRIME NO. 0575
OF 2025, DATED 03.08.2025, OF PALLURUTHY
KASABA POLICE STATION
Annexure A4 A TRUE COPY OF THE WP© 31286/2025 FILED
BEFORE THE HON'BLE HIGH COURT OF KERALA
Annexure A5 A TRUE COPY OF THE JUDGMENT DATED
26/08/2025 IN WP© 31286/2025 BEFORE THE
HON'BLE HIGH COURT OF KERALA
Annexure A6 A TRUE COPY OF THE ORDER DATED
03.12.2025 IN CRL MC NO. 3460 OF 2025 OF
THE LEARNED SESSION COURT, ERNAKULAM
