2025:KER:28492 BAIL APPL. NO. 4195 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4195 OF 2025 CRIME NO.976/2024 OF Chirayinkeezhu Police Station AGAINST THE ORDER/JUDGMENT DATED 15.03.2025 IN CRMP NO.860 OF 2024 OF ASSISTANT SESSIONS COURT/I ADDITIONAL SUB COURT, THIRUVANANTHAPURAM PETITIONER/ACCUSED NO.1: AGARUS AGED 25 YEARS S/O VISHNU DAS, DAIVAKRIPA, CHIRAYINKEEZHU, SARKARA VILLAGE, THIRUVANANTHAPURAM, PIN - 695304 BY ADV M.R.SARIN RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: PP-G SUDHEER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28492 BAIL APPL. NO. 4195 OF 2025 2 P.V.KUNHIKRISHNAN, J. -------------------------------- B.A. No.4195 of 2025 ---------------------------------------------- Dated this the 03rd day of April, 2025 ORDER This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is an accused in Crime No.976/2024 of Chirayinkeezhu Police Station. The above case is registered against the petitioner and others alleging offences punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act). 3. The prosecution case is that, with the financial assistance of the 1st accused, the 4th accused smuggled MDMA from Bangalore and delivered it to the 1st accused. Out of the contraband, the 1st accused, with the help of the 5th accused, supplied 84.790 grams of MDMA to the 2nd accused and 42.83 grams to the Child in Conflict with Law (CCL) for the purpose of sale. Upon receiving a tip off on 07.12.2024, the detecting officer searched the house of CCL and seized the 2025:KER:28492 BAIL APPL. NO. 4195 OF 2025 3 aforementioned contraband from the 2nd accused and the CCL, totaling 127.62 grams of MDMA. Thus the petitioner, along with the CCL and other accused, alleged to have committed the offences. The petitioner was arrested on 18.12.2024. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. Adv.M.R. Sarin argued the matter in detail. The counsel takes me through the documents produced along with the bail application. The counsel submitted that it is a false case foisted against the petitioner. The counsel also submitted that even if the entire allegations are accepted, no offence is made out against the petitioner and the petitioner is ready to abide any conditions if this Court grant him bail. The counsel submitted that the mother of the petitioner filed a complaint before the State Police Chief for the false implication. The Public Prosecutor opposed the bail application and submitted that the petitioner has got active involvement in this case and he distributed MDMA through a CCL and other accused, and hence, this Court may not grant bail to the petitioner. 2025:KER:28492 BAIL APPL. NO. 4195 OF 2025 4 6. Admittedly the allegation against the petitioner is that he was found in possession of commercial quantity of MDMA. The commercial quantity of MDMA is above 10 grams. In this case the allegation is that 127.62 grams of MDMA is seized from the accused. In the light of Section 37 of the NDPS Act, if this Court want to grant bail, this Court has to convince that the petitioner has not committed the offence and he will not commit such offence in future. This Court is not in a position to conclude that the petitioner has not committed any offence and he will not commit any offence in future. In such circumstances, I am not inclined to grant bail to the petitioner. This Bail Application is dismissed. sd/- P.V.KUNHIKRISHNAN JUDGE jv