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2025 Supreme(Online)(Ker) 53039

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MUHAMMED NIHAL – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13366 OF 2025 | CRIME NO.1064/2025



Advocates:
For the Appellants/Petitioners: SHRI.NAHAS H., SMT.FARHANA K.H., SMT.RIZWANA T.N
For the Respondents: ADV M K PUSHPALATHA SR PP

The court permits bail under specified conditions when prosecution fails to establish necessary grounds for continued detention.

Headnote:This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. The applicant is the accused No.3 in Crime No.1064/2025 of Mannarkkad Police Station, Palakkad, with offences under the NDPS Act. The prosecution alleges possession of narcotics, while the applicant’s counsel claims false implication without substantive evidence. Having considered both sides, the court finds no necessity for continued detention, allowing bail with specific conditions.

Result: The application is allowed on specified bail conditions.

Table of Content
1. accused possession of narcotics. (Para 2)
2. disputed evidence and arguments for bail. (Para 4 , 5)
3. granting bail based on law and conditions. (Para 6)

O R D E R

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

2. The applicant is the accused No.3 in Crime No.1064/2025 of Mannarkkad Police Station, Palakkad. The offences alleged are punishable under Section s 20 (b)(ii)A, 22(b) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

3. The prosecution case, in short, is that on

03.10.2025 at 10:30 hours, accused Nos.1 and 2 were found in possession of 3.87 grams of Methamphetamine and 83.02 grams of ganja in room No.706 of Beeyem Paradise Lodge at Aashupathrippadi, Mannarkkad, for own use and for the purpose of sale. The said room was taken in the name of accused No.3.

Thereby they have committed the above mentioned offences.

4. I have heard Sri. Nahas Habeeb, the learned counsel for the applicant and Smt. M.K. Pushpalatha, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was arrested on 03.10.2025 and he has been in judicial custody since then. The investigation is almost over and the recovery has been effected. The applicant has no criminal antecedents. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

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

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. on every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-

DR. KAUSER EDAPPAGATH, JUDGE Jms APPENDIX OF BAIL APPL. 13366/2025 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE 1064/2025 OF MANNARKKAD POLICE STATION, PALAKKAD DISTRICT Annexure A2 THE TRUE COPY IN CRL.MC 4841/2025 DATED

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