High Court of KeralaSingle Judge2023-06-12Regular bail granted to the petitioners on spec...

Bail Applications Nos. 4208/2023; 4249/2023; 4378/2023 and 3925/2023 in Crime No. 36/2021, Ernakulam Excise Range Office, Ernakulam v. State of Kerala

Case / Petition Number:BAIL APPL. NOS. 4208/2023; 4249/2023; 4378/2023; 3925/2023

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Viju Abraham
Judgment Date: 2023-06-12
Court Decision / Holding: The bail applications are allowed. The petitioners are ordered to be released on bail on a bond of Rs. 50,000 each with two solvent sureties for the like amount, subject to standard conditions: cooperation with trial, no intimidation/tampering with witnesses or evidence, no commission of any other offence while on bail, no departure from the jurisdiction without court’s permission, and surrender of passports (or an affidavit if no passport). The court retains power to cancel bail on breach of any condition, notwithstanding the grant of bail.
Final Disposition: Regular bail granted to the petitioners on specified conditions.

Parties to the Case

Appellants / Petitioners

Sifan Thaj
Anfas Sidhique
Saneesh T S
Binzar Salu

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala
Director General of Prosecution Gracious KuriaKose

Legal Representation & Advocates

Counsels for Petitioners

• Nireesh Mathew
• Mariya Rincy C.J.
• V. John Sebastian
• Ralph Vishnu Chandran
• Ralphreti John Appu Babu
• Shifna Muhammed Shukkur
• Giridhar Krishna Kumar
• Vishnumaya
• M.B. Geethu T.A.
• Apoorva Ramkumar

Counsels for Respondents

• Gracious KuriaKose

Case Synopsis & Summary

This is a consolidated Bail Application order of the High Court of Kerala (Ernakulam) by Justice Viju Abraham, delivered on 12 June 2023, in respect of four petitioners in Crime No. 36/2021 of the Ernakulam Excise Range Office. The petitioners—Sifan Thaj, Anfas Sidhique, Saneesh T S, and Binzar Salu—are accused under Sections 22(c), 25 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985, for alleged possession and sale of MDMA. They contend false implication, long custody, absence of antecedents, and that the investigation is complete with charge-sheet filed; they point to orders granting bail to other accused (e.g., accused Nos. 15 and 20) under analogous circumstances, including Supreme Court directions and Annexures in the matter. They invoke the parameters laid down in Fasil v. State of Kerala (2023 (3) KHC 212) to argue that the rigour of Section 37 does not bar bail where there is no ongoing investigation and where the circumstances warrant it. The State counters that the petitioners are not similarly situated to the accused granted bail, citing large monetary transactions and the likelihood of interference with witnesses, and emphasizes the need for strict adherence to bail parameters. The court, after considering these submissions, grants regular bail to all four petitioners on specified conditions.

Provisions of Law Cited

Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 22(c), 25 and 29

Legal Doctrines & Maxims

Rigour of Section 37 under the NDPS Act (as discussed in Fasil v. State of Kerala)
Parameters laid down in Fasil v. State of Kerala (2023 (3) KHC 212) for bail in NDPS cases

Submissions & Arguments

Contentions of Appellants / Petitioners

Petitioners submit that they were falsely implicated in Crime No. 36/2021 and that their continued detention is unwarranted since investigation is over and charge-sheet filed. They contend there are no prior criminal antecedents, and that their bail requests are justified by analogies to accused Nos. 15 and 20 who were granted bail, including Supreme Court and High Court orders (Annexures). They rely on the parameters laid down in Fasil v. State of Kerala (2023 (3) KHC 212) to argue that the rigour of Section 37 of the NDPS Act should be applied flexibly where the factors—such as lack of antecedents, the stage of investigation, and absence of ongoing prosecution—are satisfied, and that their case squarely falls within those limits given the long custody period and absence of strong prima facie case against them.

Contentions of Respondents

State contends that bail cannot be equated with accused Nos. 15 and 20, given the large monetary transactions alleged and the evidence suggesting significant criminal involvement. It argues that the rigour of Section 37 must be applied stringently, as the investigation is complete but trial may not conclude within six months; reliance is placed on the Fasil parameters for bail and on the need to prevent witness tampering and interference with evidence. The State emphasizes gravity of the alleged NDPS offences and the risk of repetition, urging that bail at this stage would undermine the ongoing prosecution and potentially jeopardize the integrity of the case.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Fasil v. State of Kerala	2023 (3) KHC 212	Positive	Court relies on the parameters laid down in Fasil for bail under the NDPS Act (Section 37) to determine eligibility and conditions for bail in the present cases.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM** **MONDAY, THE 12[TH] DAY OF JUNE 2023 / 22ND JYAISHTA, 1945 BAIL APPL. NO. 4208 OF 2023** **CRIME NO.36/2021 OF Ernakulam Excise Range Office, Ernakulam AGAINST THE ORDER/JUDGMENTSC 378/2022 OF I ADDITIONAL DISTRICT COURT,** ## **ERNAKULAM** **Bail Appl. 1260/2023 OF HIGH COURT OF KERALA** ## **PETITIONER:** SIFAN THAJ AGED 23 YEARS S/O.THAJUDHEEN, THURUTHIKATTU KUNNUPARAMBIL HOUSE, CHALAKKAPPARA DESOM, KULAYATTIKKARA P.O, AMBALLOOR, ERNAKULAM DISTRICT., PIN - 682315 BY ADV NIREESH MATHEW ## **RESPONDENT:** STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY DIRECTOR GENERAL OF PROSECUTIONS GRACIOUS KURIAKOSE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.06.2023, ALONG WITH Bail Appl..3925/2023, 4249/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **B.A. Nos. 4208, 4249, 4378 & 3925 of 2023 2** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 12[TH] DAY OF JUNE 2023 / 22ND JYAISHTA, 1945 BAIL APPL. NO. 3925 OF 2023** ## **Bail Appl. 6834/2022 OF HIGH COURT OF KERALA** ## **PETITIONER:** BINZAR SALU,AGED 28 YEARS MALAPPAS HOUSE, PUNAKKIL THAAZAHTH KARA, OLAVANNA, KOZHIKODE, PIN - 673019 BY ADVS. V.JOHN SEBASTIAN RALPH VISHNU CHANDRAN RALPH RETI JOHN APPU BABU SHIFNA MUHAMMED SHUKKUR GIRIDHAR KRISHNA KUMAR VISHNUMAYA M.B. GEETHU T.A. APOORVA RAMKUMAR ## **RESPONDENT:** STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 DIRECTOR GENERAL OF PROSECUTION GRACIOUS KURIAKOSE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.06.2023, ALONG WITH Bail Appl..4208/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **B.A. Nos. 4208, 4249, 4378 & 3925 of 2023 3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM** **MONDAY, THE 12[TH] DAY OF JUNE 2023 / 22ND JYAISHTA, 1945 BAIL APPL. NO. 4249 OF 2023** **CRIME NO.36/2021 OF Ernakulam Excise Range Office, Ernakulam AGAINST THE ORDER/JUDGMENTSC 378/2022 OF I ADDITIONAL DISTRICT COURT, ERNAKULAM Bail Appl. 8569/2021 OF HIGH COURT OF KERALA** **PETITIONER:** ANFAS SIDHIQUE,AGED 23 YEARS S/O.SHDHIQUE, PUTHUKKADAN HOUSE, VENGOLA, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT., PIN - 683556 BY ADV NIREESH MATHEW ## **RESPONDENT:** STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY DIRECTOR GENERAL OF PROSECUTION GRACIOUS KURIAKOSE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.06.2023, ALONG WITH Bail Appl..4208/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **B.A. Nos. 4208, 4249, 4378 & 3925 of 2023 4** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM** **MONDAY, THE 12[TH] DAY OF JUNE 2023 / 22ND JYAISHTA, 1945 BAIL APPL. NO. 4378 OF 2023** **CRIME NO.36/2021 OF Ernakulam Excise Range Office, Ernakulam PETITIONER:** SANEESH T S,AGED 24 YEARS S/O SANTHOSH ,THEVARUPARAMBILHOUSE,VALLIVATTOM P O THRISUR DISTRICT, PIN - 680123 BY ADV MARIYA RINCY C.J. ## **RESPONDENT:** STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, PIN – 682031 BY DIRECTOR GENERAL OF PROSECUTION GRACIOUS KURIAKOSE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.06.2023, ALONG WITH Bail Appl..4208/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **B.A. Nos. 4208, 4249, 4378 & 3925 of 2023 5** ## **VIJU ABRAHAM, J.** **-----------------** **B.A. Nos. 4208, 4249, 4378 & 3925 of 2023 -------------------------------------------Dated this the 12[th] day of June, 2023** ## **ORDER** Applications for regular bail. 2. The above bail applications are filed by accused Nos.7, 9, 13 and 14 respectively in Crime No.36/2021 of Ernakulam Excise Range registered alleging commission of offences punishable under Sections 22(c), 25 and 29 of the Narcotic Drug and Psychotropic Substances Act, 1985 (in short, “NDPS Act”) 3. The prosecution allegation is that on 19.08.2021 at about 1.40 a.m, the Excise Enforcement and Anti Narcotic Special Squad, Ernakulam acting on a tip-off conducted a search in Marhaba Apartment, Vazhakala, and seized 83.896 grams of MDMA illegally kept for sale in an apartment in the 1[st] floor of C block and arrested ## **B.A. Nos. 4208, 4249, 4378 & 3925 of 2023 6** the accused persons. 4. Petitioners submit that they have been falsely implicated in the above said crime and they were implicated as an accused only on the basis of the confession statement of the co-accused. Petitioners further submit that the 7[th] and the 9[th] accused are in custody from 14.9.2021 onwards, whereas the 13[th] accused is in custody from 12.102021 and the 14[th] accused from 21.10.2021. They further submit that the investigation is over and charge sheet has been laid and therefore their continued detention is not required for the purpose of investigation. They further submit that they have no other criminal antecedents. Petitioners also submit that accused No.15 in the above crime has been granted bail by the Apex Court as per Annexure-3 order produced in B.A.No.4208 of 2023. Petitioners submit that accused No.20 was granted bail by this Court as per order dated 9.6.2023 in B.A.No.4153 of 2023. ## **B.A. Nos. 4208, 4249, 4378 & 3925 of 2023 7** Petitioners would also contend that the allegations against them are similar to that of accused Nos.15 and 20. Therefore, going by Annexure-3 order in B.A.No.4208 of 2023 and the order in B.A.No.4153 of 2023, they are entitled for bail. 5. Heard the learned counsel for the petitioners and the learned Additional Director General of Prosecution. 6. Learned Additional Director General of Prosecution opposed the applications for bail mainly contending that the petitioners cannot claim that they are similarly situated to accused No.15, who has been granted bail by the Apex Court, in as much as large monetory transactions are alleged against the petitioners. In answer to the same the petitioners would submit that the petitioner in B.A.4153 of 2023 against him also there are allegations of large monetory transactions and who is also involved in another crime, was granted bail by this Court. Petitioners **B.A. Nos. 4208, 4249, 4378 & 3925 of 2023 8** further submit that this Court in _**Fasil v. State of Kerala (2023 (3) KHC 212)**_ was laid down the parameters for consideration of bail applications in which the rigour of Section 37 is involved. Petitioners submit that they have undergone imprisonment for more than one year and that they have no other criminal antecedents. Petitioners also submit that there is no chance that the trial of the case will be completed within a period of 6 months and their case will squarely fit into the parameters fixed by this Court in _**Fasil's**_ case supra. It is to be noticed that by Annexure-2 order produced in B.A.No.4208 of 2023, this Court as per order dated 30.3.2023 specifically directed to complete the trial of the case within a period of 6 months from the date of framing charge. Learned counsel appearing for the petitioners would submit that even the charge has not been framed till date, which is endorsed in the report filed by the trial judge in these cases. ## **B.A. Nos. 4208, 4249, 4378 & 3925 of 2023 9** 7. Considering all the facts and circumstances of the case and taking into consideration the fact that accused No.15 has been granted bail by the Apex Court as per Annexure-3 order produced in B.A.No.4208 of 2023 and accused No.20 has been granted bail by this Court in B.A.No.4153 of 2023 and also taking into consideration the fact that petitioners' case squarely falls within the parameters in _**Fasil's**_ case supra, I am inclined to grant bail to the petitioners. Accordingly, these applications are allowed on the following conditions: _(i) Petitioners shall be released on bail on them executing a bond for Rs.50,000/(Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the court having jurisdiction;_ _(ii) Petitioners shall co-operate with the trial of the case;_ _(iii) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they attempt to tamper with the evidence;_ ## **B.A. Nos. 4208, 4249, 4378 & 3925 of 2023 10** _(iv) Petitioners shall not commit any other offences while they are on bail;_ _(v) Petitioners shall not leave the country without the permission of the jurisdictional court;_ _(vi) Petitioners shall surrender their passports before the jurisdictional court. If the petitioners does not have a passport, they shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;_ In case of violation of any of the above conditions, the jurisdictional court shall be empowered to consider the application for cancellation, if any, and pass appropriate order in accordance with the law, notwithstanding the bail having been granted by this Court. _sd/-_ **VIJU ABRAHAM, JUDGE** pm **B.A. Nos. 4208, 4249, 4378 & 3925 of 2023 11** ## **APPENDIX OF BAIL APPL. 3925/2023** PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE ORDER DATED 30.09.2022 IN B.A. NO. 6834/2022 ON THE FILES OF HON'BLE HIGH COURT OF KERALA Annexure2 TRUE COPY OF THE ORDER OF THE SUPREME COURT OF INDIA IN SPECIAL LEAVE TO APPEAL (CRL.) NO. 12116/2022 DATED 17.04.2023 ## **B.A. Nos. 4208, 4249, 4378 & 3925 of 2023 12** ## **APPENDIX OF BAIL APPL. 4249/2023** PETITIONER ANNEXURES Annexure1 TRUE PHOTOCOPY OF THE ORDER DATED 22.09.2022 IN B.A.NO.8569/2021 PASSED BY THIS HON'BLE COURT. Annexure2 TRUE PHOTOCOPY OF THE ORDER DATED 17.04.2023 IN SPECIAL LEAVE TO APPEAL (CRL)NO.12116/2022 PASSED BY THE HON'BLE SUPREME COURT. ## **B.A. Nos. 4208, 4249, 4378 & 3925 of 2023 13** ## **APPENDIX OF BAIL APPL. 4378/2023** ## PETITIONER ANNEXURES |Annexure1|TRUE COPY OF ORDER DISMISSED BY THE| |---|---| ||PRINCIPAL SESSIONS COURT AT ERNAKULAM| ||CRL. M C NO 2316/2021 DATED 02.11.2021| |Annexure 2|TRUE COPY OF ORDER DISMISSED BY THE| ||PRINCIPAL SESSIONS COURT AT ERNAKULAM| ||CRL. M C NO 2406 /2021 DATED 15.11.2021| |Annexure 3|TRUE COPY OF THE ORDER DISMISSED BY THE| ||PRINCIPAL SESSIONS COURT, ERNAKULAM IN| ||CRL. M.C. 2574/21 DATED 01.12.2021| |Annexure 4|TRUE COPY OF THE ORDER DISMISSED BY THE| ||HON'BLE HIGH COURT, ERNAKULAM IN BA| ||NO :. 9496/2021 DATED 22-12-2021| |Annexure 5|TRUE COPY OF THE ORDER DISMISSED BY THE| ||HON'BLE HIGH COURT, ERNAKULAM IN BA| ||NO :. 991/2022 DATED 22-9-2022| |Annexure 6|TRUE COPY OF THE ORDER DISMISSED BY THE| ||PRINCIPAL SESSIONS COURT, ERNAKULAM IN| ||CRL. M.C. 2411/2022 DATED 27.10.2022| |Annexure 7|TRUE COPY OF THE ORDER DISMISSED BY THE| ||PRINCIPAL SESSIONS COURT, ERNAKULAM IN| ||CRL. M.C. 823/2023 DATED 23.03.2023| |Annexure 8|TRUE COPY OF THE ORDER DISMISSED BY THE| ||PRINCIPAL SESSIONS COURT, ERNAKULAM IN| ||CRL. M.P. 1879/2023 DATED 26.05.2023| |Annexure 9|TRUE COPY OF THE ORDER HON'BLE SUPREME| ||COURT OF INDIA FOR GRANTING REGULAR BAIL| ||UNDER VIDE SPECIAL LEAVE TO APPEAL (CRL)| ||NO(S).121116/2022 AND THE HON'BLE COURT| ## **B.A. Nos. 4208, 4249, 4378 & 3925 of 2023 14** ## **APPENDIX OF BAIL APPL. 4208/2023** PETITIONER ANNEXURES Annexure1 TRUE PHOTOCOPY OF THE ORDER DATED 22.09.2022 IN B.A.NO.479/2022 PASSED BY THIS HON'BLE COURT. Annexure2 TRUE PHOTOCOPY OF THE ORDER DATED 30.03.2023 IN B.A.NO.1260/2023 PASSED BY THIS HON'BLE COURT. Annexure3 TRUE PHOTOCOPY OF THE ORDER DATED 17.04.2023 IN SPECIAL LEAVE TO APPEAL (CRL)NO.12116/2022 PASSED BY THE HON'BLE SUPREME COURT.