[Cites 6, Cited by 0]
Kerala High Court
Ebin C.D vs State Of Kerala on 27 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:6661
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 27TH DAY OF JANUARY 2026 / 7TH MAGHA, 1947
CRL.MC NO. 11561 OF 2025
CRIME NO.323/2021 OF POOKOTTUMPADAM POLICE STATION, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.93 OF 2022 OF
SPECIAL COURT (ATROCITIES AGAINST SC/ST), MANJERI
PETITIONER/SECOND ACCUSED:
EBIN C.D,
AGED 26 YEARS
S/O DEVASSY, CHENGINIYADAN,
VALLAPADY, KODAKARA POST,
THRISSUR, PIN - 680741
BY ADVS.
SHRI.SIDHARTH O.
SHRI.ANWIN JOHN ANTONY
SHRI.SUSANTH SHAJI
SHRI.ALBIN A. JOSEPH
SMT.NEKHA VARGHESE
RESPONDENTS/STATE:
1 STATE OF KERALA,
REPRESENTED THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
POOKOTTUMPADAM POLICE STATION,
POOKOTTUMPADAM, MALAPPURAM, PIN - 679332
3 STATION HOUSE OFFICER,
KODAKARA POLICE STATION,
KODAKARA, THRISSUR,, PIN - 680684
SENIOR PUBLIC PROSECUTOR- SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Dated this the 27th day of January, 2026
ORDER
The petitioner is the second accused in S.C. No.
93/2022 on the file of the Special Court for SC/ST (POA)
(Act) and NDPS Act cases ('Trial Court' for short),
Manjeri, which has originated from Crime No. 323/2021
registered by the Pookottumpadam Police Station,
Malappuram, for allegedly committing an offence under
Sections 20(b)(ii)(B) and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 ('Act' for short).
2. The petitioner states in the Criminal
Miscellaneous Case that, by Annexure A2 order, this
Court had enlarged the petitioner on bail on 09.03.2022.
As per condition No. (iv), the petitioner was directed not
to be involved in any other crime while he was on bail.
Subsequently, the petitioner was falsely implicated in
Crime No. 737/2025 (Annexure A3) registered by the
Kodakara Police Station, Thissur District, alleging the
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commission of offences punishable under Section 20(b)
(ii)(B) and 29(1) of the Act and Section 77 of the Juvenile
Justice (Care and Protection of Children) Act. On the
registration of the subsequent crime, the second
respondent filed C.M.P. No. 3531/2025 (Annexure A5)
before the Trial Court to cancel the Annexure A2 order.
By Annexure A8 order, the Trial Court allowed the
application filed by the second respondent and cancelled
the bail granted to the petitioner. Annexure A8 order is
erroneous and unsustainable in law. The petitioner
asserts that he was not afforded an opportunity of being
heard. In fact, the petitioner was in judicial custody at
the time when the present application was filed. Only
notice to his erstwhile counsel was issued, who did not
effectively represent the petitioner. Moreover, the Trial
Court has not conducted any summary enquiry as laid
down by the Honourable Supreme Court in Dataram v.
State of Uttar Pradesh and Another [(2018) 3 SCC
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22], Daulat Ram & Others v. State of Haryana
[(1995) 1 SCC 349]. Hence, Annexure A8 order may be
set aside.
3. I have heard the learned counsel for the
petitioner and the learned Public Prosecutor.
4. The learned Public Prosecutor submits that
there are materials to substantiate the petitioner's
culpability in the crime. Merely because the petitioner
was not effectively represented by a lawyer, it is not a
ground to quash Annexure A8 order.
5. The prosecution had filed Annexure A5 petition
to cancel the bail on the sole ground that the petitioner
got involved in another crime.
6. In Jamsheer Ali v. State of Kerala [2025
KHC 332], this Court has categorically held that, as
cancellation of bail affects the personal liberty of a
person, the Court should conduct a summary inquiry as
per the principles laid down by the Hon'ble Supreme
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Court in Dataram's and Daulat Ram's cases (supra).
7. In light of the non-compliance of the principles
referred to in the above decisions, I am of the definite
view that the impugned order is erroneous and warrants
interference by this Court under Section 528 of BNSS.
8. In the aforesaid circumstances, I allow the
Crl.M.C in the following manner:
(i) Annexure A8 order is set aside.
(ii) Annexure A5, the petition filed by the
prosecution, is dismissed.
(ii) The petitioner is permitted to contest
the proceedings on the very same bail
bond and sureties that were permitted
as per Annexure A2 order.
Sd/-
mtk C.S.DIAS,JUDGE
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APPENDIX OF CRL.MC NO. 11561 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 323/2021 OF POOKOTTUMPADAM POLICE
STATION, MALAPPURAM DISTRICT
Annexure A2 TRUE COPY OF THE ORDER DATED 09.03.2022
IN BAIL APPLICATION NO. 1557/2022 ON THE
FILES OF THE HON'BLE HIGH COURT OF KERALA
Annexure A3 TRUE COPY OF THE REMAND REPORT IN CRIME
NO. 737/2025 OF KODAKKARA POLICE STATION
Annexure A4 TRUE COPY OF THE ORDER DATED 26.09.2025
IN CRL.M.P. NO. 7202/2025 ON THE FILES OF
THE HON'BLE SESSIONS COURT, THRISSUR
Annexure A5 TRUE COPY OF THE C.M.P. FILED SEEKING
CANCELLATION OF BAIL IN S.C. NO. 93/2022
BEFORE THE HON'BLE SPECIAL COURT FOR
TRIAL OF OFFENCES UNDER THE SC/ST (POA)
ACT & NDPS ACT CASES, MANJERI
Annexure A6 TRUE COPY OF THE PROCEEDINGS DATED
05.11.2025 IN S.C. NO. 93/2022 OF THE
HON'BLE SPECIAL COURT FOR TRIAL OF
OFFENCES UNDER THE SC/ST (POA) ACT & NDPS
ACT CASES, MANJERI DOWNLOADED FROM DCMS
WEBSITE
Annexure A7 TRUE COPY OF THE COPY APPLICATION DATED
09.12.2025 FILED BY THE PETITIONER BEFORE
THE HON'BLE SPECIAL COURT FOR TRIAL OF
OFFENCES UNDER THE SC/ST (POA) ACT & NDPS
ACT CASES, MANJERI
Annexure A8 TRUE COPY OF THE ORDER DATED 05.11.2025
IN CMP NO. 3531/2025 IN S.C. NO. 93/2022
ON THE FILES OF THE SPECIAL COURT FOR
TRIAL OF OFFENCES UNDER THE SC/ST (POA)
ACT & NDPS ACT CASES, MANJERI
