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Kerala High Court

Pintu Rout vs State Of Kerala on 29 July, 2025

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

                                                     2025:KER:55937



          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
       THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
   TUESDAY, THE 29TH DAY OF JULY 2025 / 7TH SRAVANA, 1947
                BAIL APPL. NO. 8915 OF 2025
 CRIME NO.26/2025 OF KOLAZHI EXCISE RANGE OFFICE, THRISSUR

PETITIONER:

         PINTU ROUT
         AGED 25 YEARS
         S/O. RENJAN ROUT,
         AYATAN DESM AND VILLAGE,
         RAJKANIKA TALUK, KENDRAPARA DISTRICT,
         ODISHA, PIN - 754220

         BY ADVS.
         SRI.VISHNU BHUVANENDRAN
         SMT.B.ANUSREE
         SMT.ARYA B.
         SHRI.ABDUL FATHAH
         SHRI.NOYAL JOHNY
         SMT.AFEEFA AZIM
         SHRI.ASWIN NANDA A.


RESPONDENT:

         STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682031

         BY ADV. NOUSHAD K. A.,
         PUBLIC PROSECUTOR


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.07.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                                                    2025:KER:55937
B.A. No.8915 of 2025
                                         -:2:-


                          BECHU KURIAN THOMAS, J.
                        ----------------------------------------
                              B.A. No.8915 of 2025
                        ----------------------------------------
                       Dated this the 29th day of July, 2025

                                       ORDER

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').

2. Petitioner is the accused in Crime No.26 of 2025 of Kolazhi Excise Range Office, Thrissur, registered for the offence punishable under Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for brevity, 'NDPS Act'].

3. According to the prosecution, on 20.05.2025, at about 09.50 pm, the accused was found in possession of 1.124 kilograms of ganja and thereby committed the offence alleged. Petitioner was arrested on 20.05.2025, and he has been in custody since then.

4. Heard Sri. Vishnu Bhuvanendran, the learned Counsel for the petitioner as well as Sri. Noushad K. A., the learned Public Prosecutor.

5. The learned Counsel for the petitioner contended that the prosecution allegations are false and that since petitioner has been in custody from 20.05.2025, he ought to be released on bail.

6. The learned Public Prosecutor opposed the bail application 2025:KER:55937 B.A. No.8915 of 2025 -:3:- and submitted that petitioner ought not to be released on bail. It was also submitted that the final report has already been filed.

7. Since the nature of contraband seized is found to be ganja and the quantity of 1.124 kilograms of ganja 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 20.05.2025 and as there is no possibility of an immediate trial, I am of the view that his further detention is not necessary. Therefore, petitioner ought to be released on bail.

8. In the result, this bail 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 tamper with the evidence.
(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 Court having jurisdiction.

In case of violation of any of the above conditions or if any 2025:KER:55937 B.A. No.8915 of 2025 -:4:- 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 jka/29.07.2025.

2025:KER:55937 B.A. No.8915 of 2025 -:5:- APPENDIX OF BAIL APPL. 8915/2025 PETITIONER'S ANNEXURES Annexure-I TRUE COPY OF THE CRIME AND OCCURRENCE REPORT DATED 21.05.2025 IN C.R. NO.

26/2025 OF KOLAZHY EXCISE RANGE OFFICE. Annexure-II. TRUE COPY OF THE ORDER DATED 17.07.2025 IN CRL. M.P 3646/2025 OF THE HON'BLE III ADDITIONAL SESSIONS JUDGE, THRISSUR.