A defendant in custody may be granted bail based on length of detention and circumstances of the case despite serious allegations.

BECHU KURIAN THOMAS, J -------------------------------------------

B.A. No.13390 of 2025 ----------------------------------------------

Dated this the 21^st day of November, 2025

ORDER

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioner is the first accused in Crime No.138/2025 of Excise Range Office, Kollam registered for the offence punishable under Section 22 (b) of Narcotic Drugs and Psychotropic Substances Act, 1985 .

3. The prosecution case is that on 15.09.2025, the accused was found in possession of 33.632 grams of Nitrazepam kept in the form of 60 tablets, and thereby the petitioner committed the offence alleged.

4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner has been in custody since 15.09.2025 and hence he ought to be released on bail.

6. The learned Public Prosecutor opposed the bail application and submitted that the offence is very serious. 7. The petitioner is alleged to have committed a serious crime of possessing intermediate quantity of contraband.

8. Though there are prima facie materials on record connecting the petitioner with the crime, since he has been in custody from 15.09.2025 onwards, I am of the view that his continued detention is not required in the facts and circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.