Kerala High Court
Amal Shaji vs State Of Kerala on 29 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 12169 OF 2025
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2025:KER:72953
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 29TH DAY OF SEPTEMBER 2025 / 7TH ASWINA, 1947
BAIL APPL. NO. 12169 OF 2025
CRIME NO.916/2025 OF Mannarkkad Police Station, Palakkad
AGAINST THE ORDER DATED 19.09.2025 IN CRMC NO.4487 OF
2025 OF DISTRICT COURT & SESSIONS COURT / RENT CONTROL
APPELLATE AUTHORITY, PALAKKAD
PETITIONER/ ACCUSED NO.2 :
AMAL SHAJI
AGED 22 YEARS
S/O.SHA, PUTHIYA PARAMBIL HOUSE,
PUTHUKKAD, KALLADIKODE,
PALAKKAD DISTRICT, PIN - 678 596
BY ADV SRI.BABU S. NAIR
RESPONDENT/ STATE & COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI,
PIN - 682031
2 THE STATION HOUSE OFFICER
MANNARKKAD POLICE STATION,
PALAKKAD DISTRICT,
PIN - 678582
BAIL APPL. NO. 12169 OF 2025
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SMT. SREEJA V., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 12169 OF 2025
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BECHU KURIAN THOMAS, J.
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B.A.No.12169 of 2025
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Dated this the 29th day of September, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the second accused in Crime No.916 of 2025 of Mannarkkad Police Station, Palakkad, registered for the offences punishable under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for brevity, 'NDPS Act'].
According to the prosecution, on 11-8-2025, the petitioner along with another were found in possession of Methamphetamine, and the petitioner was found in possession of 2.200 grams of Methamphetamine and the 1st accused was found in possession of 3.130 grams of the same substance. The allegation is that both the accused were found in possession of 5.330 grams of Methamphetamine and thereby committed the offences alleged. Petitioner was arrested on 12.08.2025 and he has been in custody since then.
4. Heard the learned Counsel for the petitioner as well as the learned Public Prosecutor.
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5. The learned Counsel for the petitioner contended that the prosecution allegations are false and that since petitioner has been in custody from 12.08.2025, he ought to be released on bail.
6. The learned Public Prosecutor opposed the bail application and submitted that petitioner ought not to be released on bail.
7. Since the nature of contraband seized is found to be methamphetamine and the total quantity of 5.33 grams of methamphetamine falls under the category of intermediate quantity, the rigour under Section 37 of the NDPS Act does not apply. As the petitioner has been in custody from 12.08.2025 and as there is no possibility of an immediate trial, I am of the view that his further detention is not necessary. Moreover, the final report has also been filed. Therefore, petitioner ought to be released on bail.
8. In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him 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 court having jurisdiction.
(b) Petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.
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(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave the country without the permission of the jurisdictional Court. In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS, JUDGE RKM BAIL APPL. NO. 12169 OF 2025 6 2025:KER:72953 APPENDIX OF BAIL APPL. 12169/2025 PETITIONER'S ANNEXURES Annexure A A TRUE COPY OF THE ORDER IN CRL.M.C.NO.4487/2025 DATED, 19-9-2025 OF THE COURT OF SESSION, PALAKKAD