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2025 Supreme(Online)(Ker) 50726

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
RAHUL R.V – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13303 OF 2025 | CRIME NO.701/2025



Advocates:
For the Appellants/Petitioners: SMT.NISHA GEORGE, SRI.GEORGE POONTHOTTAM (SR.), SMT.NAMITA PHILSON
For the Respondents: SRI.M.C.ASHI, SR.PP

Bail granted under specific conditions considering the petitioner’s lack of criminal history and the nature of allegations.

Headnote:This judgment pertains to bail application under Section 483 of BNSS, 2023 regarding the alleged offense under Section 22(b) of the NDPS Act. The petitioner maintains innocence and has no prior criminal record. The court finds the petitioner eligible for bail considering the nature of the allegations and detention duration. The issues addressed include the petitioner's entitlement to bail and the court's reasoning emphasized the conditions imposed for bail. The bail application is allowed with specified conditions for the petitioner's release.

Table of Content
1. facts of the case including the alleged crime and circumstances. (Para 1 , 2 , 3 , 4)
2. arguments presented by both parties regarding bail. (Para 5 , 6 , 7)
3. court's observations leading to the bail decision. (Para 8)

K.BABU, J.

--------------------------------------

B.A No.13303 of 2025 --------------------------------------- Dated this the 10th day of November, 2025 O R D E R This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.

2. The petitioner is the sole accused in Crime No.701/2025 of Thrikkakkara Police Station. The offence alleged against the petitioner is punishable under Section 22 (b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

3. The prosecution case as narrated in Anx.A2 order reads thus:

“On 03.10.2025 at 16.20 Hrs, the police have seized 5.33 grams of MDMA from the accused in front of Legal Metrology Office, Ernakulam Thekkadi Road, Vazhakkala Village.(sic)”

4. The petitioner was arrested on 03.10.2025 and he has been in judicial custody since then.

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

6. The learned counsel for the petitioner submitted that the petitioner is innocent of the allegations levelled against him. The learned counsel further submitted that the petitioner has no criminal antecedents.

7. The learned Senior 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 is ordered to 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 jurisdictional court.

(b) The petitioner shall appear before the Investigating Officer on all Mondays, Wednesdays and Fridays between 10 A.M. and 11 A.M. for a period of three months or till the final report is filed, whichever is earlier.

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

(d) The petitioner shall not leave State of Kerala without the permission of the jurisdictional court.

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

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

(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.

Sd/-

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