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2025 Supreme(Online)(Ker) 51945

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
ANANDKUMAR – Appellant
Versus
STATE OF KERALA – Respondent
Bail Application No. 13763 of 2025 | Crime No. 341/2025



Advocates:
For the Appellants/Petitioners: SRI.J.RAMKUMAR, SRI.S.VISHNU DAS
For the Respondents: PUBLIC PROSECUTOR

The Court determined that prolonged detention was unnecessary for the accused in a drug case, allowing bail under strict conditions.

Headnote:This bail application arises under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner, a 2nd accused in a narcotics case, contends for bail after being in custody since 24.09.2025, where 2.950 Kg of ganja was seized. The learned Public Prosecutor opposes the application. The Court finds continued detention unnecessary, allowing bail under specific conditions to ensure compliance and prevent tampering with evidence.

Table of Content
1. case details regarding bail under narcotics charges. (Para 1 , 2)
2. representation and opposing arguments for bail. (Para 4 , 5 , 6)
3. court's decision on release conditions. (Para 7)

O R D E R

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

2. Petitioner is the 2nd accused in Crime No.341/2025 of Alappuzha Railway Police Station registered for the offence punishable under Section 22 (b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short’the NDPS Act’). 3. The prosecution case is that on 24.09.2025 at about

5.00 p.m, the police seized 2.950 Kg of ganja from the possession of the accused persons, which was kept for the purpose of sale, from platform No.1 of Alappuzha Railway Station and thereby 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 24.09.2025 and hence he ought to be released on bail.

6. The learned Public Prosecutor opposed the bail application.

7. The petitioner is alleged to have been in possession of an intermediate quantity of ganja. Since the quantity seized is only 2.950 Kg and the petitioner has been in custody from 24.09.2025 onwards, I am of the view that the continued detention is not required in the 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.

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