Vishnu C S v. State of Kerala; Vishnu @ Kili Vishnu v. State of Kerala (Bail Applications Nos. 4280 & 4287 of 2025)

``` 2025:KER:27532 ``` ``` Bail Appl. Nos.4280 & 4287 OF 2025 ``` ``` 1 ``` **==> picture [58 x 57] intentionally omitted <==** ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` TUESDAY, THE 1[ST] DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 ``` ``` BAIL APPL. NO. 4280 OF 2025 ``` ``` CRIME NO.477/2025 OF Kodungallur Police Station, Thrissur ``` ## **`PETITIONER/ACCUSED NO.3:`** ``` VISHNU C S AGED 28 YEARS RESIDING AT CHALLIYIL HOUSE, KUNJAYANI DESOM, EDAVILANGU VILLAGE, KODUNGALLOOR, THRISSUR DISTRICT, PIN - 680664 ``` ``` BY ADVS. SAFNA P.S. RESMI SAJEEVAN SAURAV B. ``` ## **`RESPONDENT/S:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ## **`NOUSHAD K.A SR PP`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.04.2025, ALONG WITH Bail Appl..4287/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 2025:KER:27532 ``` ``` Bail Appl. Nos.4280 & 4287 OF 2025 ``` ``` 2 ``` **==> picture [58 x 57] intentionally omitted <==** ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` TUESDAY, THE 1[ST] DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 ``` ``` BAIL APPL. NO. 4287 OF 2025 ``` ``` CRIME NO.477/2025 OF Kodungallur Police Station, Thrissur ``` ## **`PETITIONER/ACCUSED NO.1:`** ``` VISHNU @ KILI VISHNU AGED 26 YEARS RESIDING AT CHEENAVILAYATH HOUSE, ABDULLA ROAD, S.N NGAR DESOM, ERIYAD VILLAGE KODUNGALLOOR, THRISSUR DISTRICT, PIN - 680664 ``` ``` BY ADVS. SAFNA P.S. RESMI SAJEEVAN SAURAV B. ``` ## **`RESPONDENT/S:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ## **`NOUSHAD K.A SR PP`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.04.2025, ALONG WITH Bail Appl..4280/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 2025:KER:27532 ``` ``` Bail Appl. Nos.4280 & 4287 OF 2025 ``` ``` 3 ``` **==> picture [58 x 57] intentionally omitted <==** ## **P.V.KUNHIKRISHNAN, J. -------------------------------B.A. Nos.4280 & 4287 of 2025 ---------------------------------------------Dated this the 01[st] day of April, 2025** ## **`ORDER`** This Bail Applications filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita are connected and therefore, I am disposing these bail applications by a common order. 2. Petitioners in these bail applications are accused Nos.1 and 3 in Crime No.477/2025 of Kodungallur Police Station registered alleging offences punishable under Sections 22(b) and 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act). 3. The prosecution case is that the accused three in number were found in possession of altogether 3.33 grams of MDMA and 35 grams of Ganja. The petitioners were arrested on 04.03.2025. 4. Heard counsel for the petitioners and the Public Prosecutor. ``` 2025:KER:27532 ``` ``` Bail Appl. Nos.4280 & 4287 OF 2025 ``` ``` 4 ``` **==> picture [58 x 57] intentionally omitted <==** 5. The counsel for the petitioners submitted that the petitioners are in custody from 04.03.2025 and they are ready to abide any conditions if this Court grant them bail. The Public Prosecutor opposed the bail application and submitted that as far as the 1[st] accused is concerned, he is involved in four other cases; but all cases are registered for the offences punishable under the Indian Penal Code. But there is no criminal antecedent as far as the 3[rd] accused is concerned, who is the petitioner in BA No.4280/2025. 6. This Court considered the contentions of the petitioners and the Public Prosecutor. Admittedly the quantity seized from the petitioners is only intermediate quantity. In such circumstances, the rigour under Section 37 of the NDPS Act is not attracted. No criminal antecedent is alleged against the petitioners under the NDPS Act. The petitioners are in custody from 04.03.2025. Considering the facts and circumstances of the case, I think the petitioners can be released on bail after imposing stringent conditions. I make it clear that if the petitioners are involved in similar offence in future, the Investigating Officer is free to file appropriate ``` 2025:KER:27532 ``` ``` Bail Appl. Nos.4280 & 4287 OF 2025 ``` ``` 5 ``` **==> picture [58 x 57] intentionally omitted <==** application for cancellation of bail and if such an application is received, the jurisdictional court is free to pass appropriate orders in that application even though this order is passed by this Court. 7. Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in **Chidambaram. P v Directorate of Enforcement** **[2019 (16) SCALE 870],** after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial. ## 8. Moreover, in **Jalaluddin Khan v. Union of India** **[2024 KHC 6431]** , the Hon'ble Supreme Court observed that: “21. Before we part with the Judgment, we must mention here that the Special Court and the High Court did not consider the material in the charge sheet objectively. Perhaps the focus was more on the activities of PFI, and therefore, the appellant's case could not be properly appreciated. When a case is made out for a grant of bail, the Courts should not have any ``` Bail Appl. Nos.4280 & 4287 OF 2025 ``` ``` 6 ``` **==> picture [58 x 57] intentionally omitted <==** ## `2025:KER:27532` hesitation in granting bail. The allegations of the prosecution may be very serious. But, the duty of the Courts is to consider the case for grant of bail in accordance with the law. "Bail is the rule and jail is an exception" is a settled law. Even in a case like the present case where there are stringent conditions for the grant of bail in the relevant statutes, the same rule holds good with only modifcation that the bail can be granted if the conditions in the statute are satisfed. The rule also means that once a case is made out for the grant of bail, the Court cannot decline to grant bail. If the Courts start denying bail in deserving cases, it will be a violation of the rights guaranteed under Art.21 of our Constitution.” (underline supplied) ## 9. In **Manish Sisodia v. Directorate of Enforcement** **[2024 KHC 6426]** , also the Hon'ble Supreme Court observed that: “53. The Court further observed that, over a period of time, the trial courts and the High Courts have forgotten a very well - settled principle of law that bail is not to be withheld as a punishment. From our experience, we can say that it appears that the trial courts and the High Courts attempt to play safe in matters of grant of ``` 2025:KER:27532 ``` ``` Bail Appl. Nos.4280 & 4287 OF 2025 ``` ``` 7 ``` **==> picture [58 x 57] intentionally omitted <==** bail. The principle that bail is a rule and refusal is an exception is, at times, followed in breach. On account of non - grant of bail even in straight forward open and shut cases, this Court is flooded with huge number of bail petitions thereby adding to the huge pendency. It is high time that the trial courts and the High Courts should recognize the principle that "bail is rule and jail is exception".” 10. Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, these Bail Applications are allowed with the following directions: 1. Petitioners shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees Fifty Thousand only) with two solvent sureties each, each for the like sum to the satisfaction of the jurisdictional Court. 2. The petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners shall co-operate with the investigation and shall not, directly or indirectly make any ``` 2025:KER:27532 ``` ``` Bail Appl. Nos.4280 & 4287 OF 2025 ``` ``` 8 ``` **==> picture [58 x 57] intentionally omitted <==** inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. 3. Petitioners shall not leave India without permission of the jurisdictional Court. 4. Petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected. 5. The observations and findings in this order is only for the purpose of deciding this bail application. The principle laid down by this Court in **Anzar Azeez v. State of Kerala** [2025 SCC OnLine KER 1260] is applicable in this case also. 6. If any of the above conditions are violated by the petitioners, the jurisdictional Court can cancel the bail in accordance to law, ``` 2025:KER:27532 ``` ``` Bail Appl. Nos.4280 & 4287 OF 2025 ``` ``` 9 ``` **==> picture [58 x 57] intentionally omitted <==** even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional court to cancel the bail, if there is any violation of the above conditions. sd/- **P.V.KUNHIKRISHNAN JUDGE** JV