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2025 Supreme(Online)(Ker) 53470

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
ANAS.K – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13819 OF 2025|CRIME NO.1163/2025



Advocates:
For the Appellants/Petitioners: SRI.P.MOHAMED SABAH, SRI.LIBIN STANLEY, SMT.SAIPOOJA, SRI.SADIK ISMAYIL, SMT.R.GAYATHRI, SRI.M.MAHIN HAMZA, SHRI.ALWIN JOSEPH, SHRI.BENSON AMBROSE, SMT.REMYA VELAYUDHAN
For the Respondents: SMT.M.K.PUSHPALATHA – Sr. PP

The court emphasized that progress in investigation and duration of custody warrant bail eligibility.

Headnote:This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner is accused No.1 in Crime No.1163/2025 for possession of methamphetamine. The court finds the petitioner entitled to bail considering the progress of investigation and judicial custody duration. The issues include the necessity for further detention and the conditions for bail granted. The reasoning cited is the progress of investigation and need not to detain further. Resultantly, the bail application is allowed with specific conditions.

Table of Content
1. accused's situation and charges. (Para 1 , 2 , 4)
2. arguments presented for bail application. (Para 5 , 6 , 7)
3. court's considerations for granting bail. (Para 8)

O R D E R

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

2. The petitioner is accused No.1 in Crime No.1163/2025 of Sulthan Bathery Police Station. The offences alleged against the petitioner are punishable under Sections 22 (b) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short 'the NDPS' Act').

3. The prosecution case is that on 20.08.2025 at about

11:45 am, the accused No.1 was found in possession of, and transporting, 19.38 grams of methamphetamine.

4. The petitioner was arrested on 20.08.2025 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 the investigation is practically over and further detention of the petitioner is not required.

7. The learned 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 shall 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 court below.

(b) The petitioner shall appear before the Investigating Officer on all Mondays, Wednesdays and Fridays between 10 A.M.

and 11 A.M. until further orders (c) The petitioner shall not leave the State of Kerala without the permission of the jurisdictional Court.

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

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

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

(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.

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