Full Judgment
BAIL APPL. NO. 5208 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 BAIL APPL. NO. 5208 OF 2025 CRIME NO.279/2025 OF Kilikolloor Police Station, Kollam
PETITIONER/S: NIYAS AGED 23 YEARS S/O NAVAS, NN HOUSE, ASHTAMUDY PO, KOLLAM, PIN - BY ADVS. SREERAJ M.D. NEELANJANA NAIR RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SRI NOUSHAD K A, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 5208 OF 2025 2
P.V.KUNHIKRISHNAN, J -------------------------------------- B.A. No. 5208 of 2025 -------------------------------------- Dated this the 10th day of April, 2025
ORDER
This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita.
2. Petitioner is an accused in Crime No
registered against the petitioner alleging offences punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').
3. The prosecution case is that the accused
was found in possession of 2.01 gms of Methamphetamine. Hence, it is alleged that the accused BAIL APPL. NO. 5208 OF 2025 3 committed the offences. The petitioner was arrested on 03.02.2025.
4. Heard counsel for the petitioner and the Public Prosecutor.
5. The counsel for the petitioner submitted
that the petitioner is in custody from 03.02.2025. The investigation is not over. Therefore, he is entitled statutory bail. The Public Prosecutor opposed the bail application. But, the Public Prosecutor conceded that investigation is not over. If that is the case, the petitioner is entitled statutory bail because 60 days is over and the offence alleged is only under Sec. 22(b) of the NDPS Act. Therefore, the petitioner is entitled statutory bail.
Therefore, this Bail Application is allowed with the following directions:
1. Petitioner shall be BAIL APPL. NO. 5208 OF 2025 4
released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
2. The petitioner shall
appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and 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/her from disclosing such
facts to the Court or to any police
officer.
3. Petitioner shall not leave India BAIL APPL. NO. 5208 OF 2025 5 without permission of the jurisdictional Court.
4. Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The observations and findings in
this order is only for the purpose of deciding this bail application. The principle laid down by this Court in Anzar Azeez v. State of Kerala [2025 SCC OnLine KER 1260] is applicable in this case also.
6. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though BAIL APPL. NO. 5208 OF 2025 6
the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional court to cancel the bail, if there is any violation of the above conditions. Sd/- P.V.KUNHIKRISHNAN JUDGE SKS