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2025 Supreme(Online)(Ker) 55675

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
MUHAMMED NAVAS V.P – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14260 OF 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
For the Respondents: SMT.M K PUSHPALATHA, SR PP

The court asserted that a history of drug offenses significantly impacts bail eligibility, warranting denial of bail.

Headnote:This judgment concerns a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the petitioner was accused of possessing MDMA for illicit sale on 16.10.2025. The court found the petitioner not entitled to bail based on the nature of allegations and prior criminal history. The key legal issue centered on the seriousness of repeated drug-related offenses, concluding that bail was unwarranted.

Table of Content
1. court's decision on bail application. (Para 1 , 5 , 8)
2. nature of allegations and prior detention conditions. (Para 2 , 3 , 4)
3. arguments presented for and against bail. (Para 6 , 7)

K.BABU, J.

--------------------------------------

B.A No.14260 of 2025 ---------------------------------------

Dated this the 10th day of December, 2025 O R D E R This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.

2. The petitioner is the accused in Crime No.850/2025 of Chandera Police Station. The offence alleged against the petitioner is punishable under Section 22 (b) of the Narcotic Drugs and Psychotropic Substances Act , 1985.

3. The prosecution case as narrated in Anx.2 order reads thus:

“On 16.10.2025 at about 1.15 a.m, near Kadangod-Kuzhinjadi road in Cheruvathur village, the petitioner was found to be in physical possession of 1.03 gram of MDMA for its illicit sale.”

(sic)

4. The petitioner was arrested on 16.10.2025 and he has been in judicial custody since then.

5. Heard the learned counsel for the petitioner and the learned Senior Public Prosecutor.

6. The learned counsel for the petitioner submitted that the petitioner is innocent of the allegations levelled against him.

7. The learned Senior Public Prosecutor opposed the bail plea of the petitioner. The learned Senior Public Prosecutor submitted that the petitioner is the accused in the following crimes:

“1) Ernakulam Town PS Cr.No.664/25 U/s 22(c) of NDPS Act.

2) Ernakulam Central PS Cr.No.1012/25 U/s 22(a) of NDPS Act.

3) Nileshwaram PS Cr.No.553/25 U/s 27(b) of NDPS Act.

4) Chandera PS Cr.No.127/18 U/s 143, 147, 148, 341, 323, 324, 326 r/w 149 IPC.”

8. Having regard to the nature of the allegations and the criminal antecedents of the petitioner, I feel that the petitioner is not entitled to be released on bail.

Therefore, the Bail Application stands dismissed.

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