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2025 Supreme(Online)(Ker) 53348

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
VIVEK VIJAYAN T – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13753 OF 2025 | CRIME NO.966/2025



Advocates:
For the Appellants/Petitioners: SRI.K.DILIP
For the Respondents: SRI.M.C.ASHI- SENIOR PUBLIC PROSECUTOR

The court set criteria for bail under narcotics law, emphasizing the nature of allegations and personal history of the accused.

Headnote:This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning the arrest of the petitioner, an accused in Crime No.966/2025, for possession of 4.35 grams of Methamphetamine. The Court determined that the petitioner, having no prior criminal record, is entitled to bail, taking into account the nature of the allegations and duration of custody. The core issue was whether the conditions for granting bail were satisfied. The conclusion allows the bail application subject to specific conditions outlined in the ruling.

Table of Content
1. accused charged for possession of narcotics. (Para 2 , 3 , 4)
2. arguments presented for and against bail. (Para 5 , 6 , 7)
3. conclusion on entitlement to bail. (Para 8)

K.BABU, J.

--------------------------------------B.A No.13753 of 2025 --------------------------------------- Dated this the 28th day of November, 2025 O R D E R This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 .

2. The petitioner is the accused in Crime No.966/2025 of Nilambur 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 is that on 20.10.2025 at about 1.10 p.m., the petitioner was found in possession of 4.35 grams of Methamphetamine.

4. The petitioner was arrested on 20.10.2025 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 further detention of the petitioner is not required.

7. The learned Public Prosecutor opposed the bail plea of the petitioner. The learned Public Prosecutor submitted that the petitioner has no criminal antecedents and he has never been involved in any NDPS case.

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 and Fridays between 10 A.M. and 11 A.M. till the final report is filed.

(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 commit any offence while on bail.

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

(f) 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.

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