Bail can be granted based on the stage of investigation and duration of judicial custody, subject to specific conditions.

ORDER

This is an application seeking regular bail filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

2. The petitioner is the sole accused in Crime No.122/2025 of Excise Range Office, Ernakulam. The offences alleged against the petitioner is punishable under Section 20 (b)(ii) (B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 ('NDPS Act' for short).

3. The prosecution case as narrated in Annexure A1 order reads thus:

“On 06/10/2025 at 1.40 A.M, 2.129 Kg ganga was recovered from the two wheeler workshop situated near the house of the petitioner bearng No.73/521 at Pachalam desom, Kochi corporation” [sic.]

4. The petitioner was arrested on 16.09.2025 and he has been in judicial custody since then.

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

6. The learned counsel for the petitioner submitted that the investigation is practically over and further detention of the petitioner is not required.

7. The learned Public Prosecutor opposed the bail plea of the petitioner

8. Having regard to the nature of the allegations, stage of the investigation and the tenure of judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions.

In the result, the Bail Application is allowed as follows:

(a) The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court below.

(b) The petitioner shall appear before the Investigating Officer on all Mondays, Wednesdays and Fridays between 10 A.M.

and 11 A.M. until further orders (c) The petitioner shall not leave the State of Kerala without the permission of the jurisdictional Court.

(d) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner has no passport, he shall file an affidavit to that effect.

(e) The petitioner shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.

(f) The petitioner shall not commit any similar offence while on bail.

(g) If any of the bail conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail, in accordance with law.