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2025 Supreme(Online)(Ker) 54989

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
FAYIS IBIN IBRAHIM – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13458 OF 2025 | CRIME NO.526/2025



Advocates:
For the Appellants/Petitioners: SRI.CIBI THOMAS, SMT.SWARNA THOMAS, SMT.ANUSREE K., SHRI.PRANAV KISHAN
For the Respondents: SMT.M.K.PUSHPALATHA-SRPP

Bail granted under specified conditions due to the absence of criminal antecedents and insufficient evidence for continued detention.

Headnote:This bail application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerns accusations under the NDPS Act related to the possession of a narcotic substance. The court found the accused has been in judicial custody and lacks criminal antecedents. The prosecution cited intentional criminal acts, while the defense argued for innocence due to lack of evidence. The court determined that continued detention was unnecessary, allowing bail under specified conditions.

Table of Content
1. arguments presented by both defense and prosecution. (Para 5)
2. court grants bail due to lack of evidence. (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 in Crime No. 526 of

2025 of Dharmadam Police Station, Kannur District. The offences alleged are punishable under Section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, 'the NDPS Act').

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

09.09.2025 at about 10:00 p.m., the applicant was found in possession of 27.55 grams of MDMA in contravention of the NDPS Act and Rules and thereby committed the offence. 4. I have heard Sri.Cibi Thomas, 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 09.09.2025 and since then he is in judicial custody. The learned Senior Public Prosecutor on instructions submits that the chemical analysis report shows that the contraband seized is not MDMA but Methamphetamine. Hence, it is an intermediate quantity. The applicant has no criminal antecedents and the investigation is almost over. 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/-

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