Bail Applications Nos. 1165/2023 and 1239/2023 (Shibu C.S. v. State of Kerala; Sanoop & Shebeer v. State of Kerala)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Badharudeen
Judgment Date: 2023-02-24
Court Decision / Holding: Bail applications allowed; petitioners enlarged on bail on the following terms.
Final Disposition: The bail petitions were allowed; accused persons were enlarged on bail with specified conditions.

Parties to the Case

Appellants / Petitioners

Shibu C.S.
Sanoop
Shebeer

Respondents

State of Kerala rep by Public Prosecutor, High Court of Kerala, Ernakulam
Station House Officer, Perumbavoor Police Station, Ernakulam

Legal Representation & Advocates

Counsels for Petitioners

• Mansoor B. H.
• Sakeena Beegum
• P. N. Santhosh
• K. P. Geetha Mani

Counsels for Respondents

• T. V. Neema

Case Synopsis & Summary

Two bail petitions under Section 439 CrPC were heard by a single judge of the Kerala High Court on 24 February 2023 arising from Crime No. 48/2023 of Perumbavoor Police Station, Ernakulam, alleging NDPS offences involving MDMA. Accused No.1 Shibu C.S. seeks bail in BA 1165/2023; accused Nos.2 and 3 Sanoop and Shebeer seek bail in BA 1239/2023. The prosecution alleges the transport of 6.95 grams of MDMA in a Mahindra Thar on 12 January 2023. The petitioners contend innocence, argue that the quantity constitutes an intermediate amount not requiring strict custody, and point to lack of involvement in other NDPS offences, making bail appropriate given ongoing investigation. The Public Prosecutor counters by stressing the seriousness of the allegation, the narcotics nature of the offence, and each accused’s criminal antecedents. The court, after perusing the case diary and IO report, notes that the investigation requiring custody has largely concluded and the extra-criminal records are not extremely serious. It concludes that, with stringent conditions, bail is warranted to safeguard personal liberty while ensuring investigation proceeds. The order grants bail to all petitioners subject to conditions including bond, two solvent sureties, no witness tampering, ongoing cooperation, weekly appearances before the IO, no inducement or intimidation, and passport surrender if applicable, with breach risking cancellation of bail.

Provisions of Law Cited

Section 439 of the Code of Criminal ProcedureSections 8(c), 22(b) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that they are innocent and the allegations are false. They contend that the MDMA quantity (6.95 g) is an intermediate amount and thus not warranting custodial detention. They point to lack of involvement in other NDPS offences and argue that the investigation is progressing, justifying bail with stringent conditions to ensure cooperation and appearance. They emphasize no prior coercive history and urge release on bail as a balance between personal liberty and ongoing investigation.

Contentions of Respondents

The State counters that the offences are serious NDPS offences with a narcotics trajectory and that the petitioners have criminal antecedents. Given the quantities, potential for illicit activity, and risk to witnesses, the State argues that bail should be refused or tightly restricted to safeguard the investigation and public interest. The prosecution urges caution, highlighting the gravity of the charges and the necessity to deter further offences during the pendency of investigation.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE A.BADHARUDEEN** **FRIDAY, THE 24[TH] DAY OF FEBRUARY 2023/5TH PHALGUNA, 1944** **BAIL APPL. NO.1165 OF 2023** **AGAINST THE ORDER/JUDGMENT IN CRMC 221/2023 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM CRIME NO.48/2023 OF PERUMBAVOOR POLICE STATION, ERNAKULAM** ## **PETITIONER/ACCUSED NO.1:** SHIBU C.S., AGED 39 YEARS, S/O.SALIM, CHIRAYIL HOUSE, ALLAPRA, VENGOLA, PERUMBAVOOR, ERNAKULAM DISTRICT., PIN – 683547. BY ADVS. MANSOOR.B.H. SAKEENA BEEGUM ## **RESPONDENTS:COMPLAINANT/STATE:** 1 STATE OF KERALA, REP BY:PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031. 2 STATION HOUSE OFFICER, PERUMBAVOOR POLICE STATION, ERNAKULAM DISTRICT, PIN – 683542. BY ADV. SMT.T.V.NEEMA, SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **B.A. Nos.1165 & 1239 of 2023** 2 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN** **FRIDAY, THE 24[TH] DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944** **BAIL APPL. NO. 1239 OF 2023** **AGAINST THE ORDER/JUDGMENT IN CRMC 221/2023 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM CRIME NO.48/2023 OF PERUMBAVOOR POLICE STATION, ERNAKULAM** ## **PETITIONERS/ACCUSED NOS.2 & 3:** 1 SANOOP, AGED 37 YEARS, S/O.YOUSUF, PANIKKARUKUDI HOUSE, NEAR MUDIKKAL POWER HOUSE, MARAMPILLY VILLAGE, ERNAKULAM DISTRICT., PIN – 683105. 2 SHEBEER, AGED 42 YEARS, S/O.ALIYAR, PARELIL HOUSE, CHENGAL, KANJOOR, VADAKKUMBHAGAM V ILLAGE, ERNAKULAM DISTRICT., PIN – 683111. BY ADVS. P.N.SANTHOSH K.P.GEETHA MANI ## **RESPONDENT:COMPLAINANTS/STATE:** 1 STATE OF KERALA REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT., PIN – 682031. 2 STATION HOUSE OFFICER, PERUMBAVOOR POLICE STATION, ERNAKULAM DISTRICT., PIN – 683542. BY ADV. SMT.T.V.NEEMA, SR. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 ## **B.A. Nos.1165 & 1239 of 2023** ## **O R D E R** ## **Dated, this the 24[th] February, 2023** B.A.No.1165/2023 has been filed under Section 439 of the Code of Criminal Procedure, at the instance of 1[st] accused in Crime No.48/2023 of Perumbavoor Police Station, Ernakulam, and B.A. No.1239/2023 has been filed at the instance of accused Nos.2 and 3, where they alleged to have committed offences punishable under Sections 8(c), 22(b) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as 'NDPS Act', for short), and the petitioners seek regular bail. 2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. 3. I have perused the case diary as such produced by the learned Public Prosecutor and the report of the Investigating Officer. 4. The prosecution allegation is that at ## **B.A. Nos.1165 & 1239 of 2023** 4 about 10:10 a.m. on 12.01.2023, accused Nos.1 to 3 were nabbed along with 6.95 gm of MDMA while they were transporting the same in a Mahindra Thar Jeep bearing registration No.KL-51M-7709. Thereafter, they were arrested and, accordingly, crime registered alleging commission of the above offences. 5. The learned counsel for the petitioners would submit that the petitioners are innocent and the allegations are absolutely false. The learned counsel also submitted that since the quantity is intermediate in nature, the petitioners, who did not involve in any other NDPS crime, may be released on bail, in consideration of the progress of investigation. 6. While opposing bail to the petitioners, who alleged to have transported intermediate quantity of MDMA, the learned Public Prosecutor pointed out that the allegations are very serious and petitioners are persons having criminal antecedents. Crime No.90/2003 involving ## **B.A. Nos.1165 & 1239 of 2023** 5 offences under Sections 143, 147, 323, r/w 149 IPC reported as against the 1[st] accused and Crime No.3464/2017 U/s.279 IPC and Section 118(e) of KP Act, is reported in relation to the 2[nd] accused. 7. On perusal of the case diary, it appears that the investigation requiring custody of the petitioners, is practically over. Though one crime each is reported in relation to 1[st] and 2[nd] accused and the same are not serious in nature. 8. Having considered the progress of investigation and custody of the petitioners from 12.01.2023, the petitioners can be enlarged on bail by imposing stringent conditions and one among the conditions is that the petitioners shall not involve or indulge in any offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted. 9. Accordingly, these petitions stand 6 ## **B.A. Nos.1165 & 1239 of 2023** allowed and the petitioners are enlarged on bail on the following conditions: - _i. The petitioners/accused Nos.1 to 3 shall be released on bail on they executing bond for Rs.50,000/(Rupees Fifty Thousand Only) each with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court, concerned._ - _ii. The petitioners shall not intimidate the witnesses or tamper with evidence._ - _iii. The petitioners shall co-operate with the investigation and shall be available for trial. They shall appear before the Investigating Officer on every Tuesday in between 9 a.m and 12 noon, from the date of release on bail, for a period of six weeks._ - _iv. The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade them from disclosing such facts to the court or to any police officer._ - _v. The petitioners shall surrender their passport, if any, within 7_ 7 ## **B.A. Nos.1165 & 1239 of 2023** _days from the date of their release, before the trial court. If they have no passport, they shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter. vi.The petitioners shall not involve or indulge in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted._ Sd/- ## **A.BADHARUDEEN, JUDGE.** ww 8 ## **B.A. Nos.1165 & 1239 of 2023** ## **APPENDIX OF BAIL APPL. 1165/2023** PETITIONER'S ANNEXURE: ANNEXURE A CERTIFIED COPY OF THE ORDER DATED 1/2/2023 IN CRL.M.C NO:2825/2022 OF COURT OF 1ST ADDITIONAL SESSIONS JUDGE, ERNAKULAM. 9 ## **B.A. Nos.1165 & 1239 of 2023** ## **APPENDIX OF BAIL APPL. 1239/2023** PETITIONER'S ANNEXURE: ANNEXURE A A PHOTO COPY OF THE ORDER DATED 1/2/2023 IN CRL.M.C NO.221/2023 OF COURT OF 1ST ADDITIONAL SESSIONS JUDGE, ERNAKULAM .