Kerala High Court
Sameer Thadathil vs State Of Kerala on 28 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8537 OF 2025
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2025:KER:55572
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 28TH DAY OF JULY 2025 / 6TH SRAVANA, 1947
BAIL APPL. NO. 8537 OF 2025
CRIME NO.524/2024 OF AIR INTELLIGENCE UNIT, AIR CUSTOMS, CIAL,
NEDUMBASSERY, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED 14.03.2025 IN Bail Appl.
NO.3269 OF 2025 OF HIGH COURT OF KERALA
PETITIONER(S):
SAMEER THADATHIL, AGED 39 YEARS
THADATHIL HOUSE, TC ROAD,
TIRURANGADI P.O,
TIRURRANGADI, MALAPPURAM,
KERALA, PIN - 676306.
BY ADVS. SHRI.MUHAMMAD SABITH
SHRI.NAJAH EBRAHIM V.P.
SHRI.MUSAMIL HUVAIS C.K.
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 SUPERINTENDENT OF CUSTOMS
AIR INTELLIGENCE UNIT, AIR CUSTOMS, CIAL
NEDUMBASSERY, KOCHI, ERNAKULAM REPRESENTED
BY SUPERINTENDENT OF CUSTOMS, AIR
INTELLIGENCE UNIT, AIR CUSTOMS,CIAL,
PIN - 683 111.
BY ADVS. SRI.P.G.JAYASHANKAR
SRI. SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE
BY SMT. SREEJA V., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8537 OF 2025
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2025:KER:55572
BECHU KURIAN THOMAS, J.
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B.A. No.8537 of 2025
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Dated this the 28th 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.524/2024 of Air Intelligence Unit, Air Customs, Nedumbassery, Ernakulam; registered for the offences punishable under Sections 8(c) and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short, 'NDPS Act'].
3. The prosecution case is that, accused was found in possession of 7920 grams of ganja, and thereby committed the offences alleged. Petitioner was arrested on 04.06.2025 and he has been in custody since then.
4. Heard Sri.Muhammad Sabith, the learned Counsel for the petitioner as well as Smt.Sreeja V., 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 04.06.2025, 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 ganja and the quantity of 7920 grams falls under the category of intermediate quantity, BAIL APPL. NO. 8537 OF 2025 3 2025:KER:55572 the rigour under Section 37 of the NDPS Act does not apply. As the petitioner has been in custody from 04.06.2025 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 appear before the Investigating officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to 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 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 AMV/28/07/2025 BAIL APPL. NO. 8537 OF 2025 4 2025:KER:55572 APPENDIX OF BAIL APPL. 8537/2025 PETITIONER ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE ORDER DATED 14.03.2025 OF BAIL APPL NO. 3269/2025 OF HON'BLE HIGH COURT OF KERALA IS PRODUCED HEREWITH AND MARKED AS ANNEXURE-A1.
ANNEXURE A2 THE TRUE COPY OF THE ORDER DATED 03.07.2025 IN CRL.M.C. NO. 1794/2025 IN CRIME NO. NUMBER 524 OF 2024 OF AIR INTELLIGENCE UNIT, AIR CUSTOMS, CIAL, NEDUMBASSERY. KOCHI PASSED BY THE HON'BLE ADDITIONAL SESSIONS COURT-I, ERNAKULAM IS PRODUCED HEREWITH AND MARKED AS ANNEXURE-A2.